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Children Act 1975

Status:

This is the original version (as it was originally enacted).

Section 108.

SCHEDULE 3Minor and Consequential Amendments

Children and Young Persons Act 1933 (23 and 24 Geo. 5 c. 12)

1In section 1(1)(b), for the words " one hundred pounds " there are substituted the words " £400 ".

Children and Young Persons (Scotland) Act 1937 (c. 37)

2In section 12(1)(b) for the words " twenty-five pounds" there is substituted " £400 ".

Education Act 1944 (c. 31)

3In section 106, the following subsection is substituted for subsection (4)—

(4)In this section ' guardian' means the person having legal custody of the child or young person, as denned by section 86 of the Children Act 1975.

Children Act 1948 (c. 43)

4In section 3(8) for the words " twenty pounds" and " two months " there are substituted respectively the words " £400 " and " three months ".

5In section 4—

(a)in subsection (3)(a) after the words " parent or guardian " there are inserted the words " or custodian ";

(b)for subsection (3)(b) there is substituted—

(b)in the case of a resolution passed by virtue of paragraph (b), (c) or (d) of subsection (1) of the said section 2, by the person who, but for the resolution, would have the parental rights and duties in relation to the child,.

6In section 43(1), for the words " and the Adoption Act 1968 " there are substituted the words " the Adoption Act 1968 and the Children Act 1975 ".

Marriage Act 1949 (c. 76)

7In section 3(1), after the words " shall be required " there are inserted the words " unless the infant is subject to a custodianship order, when the consent of the custodian and, where the custodian is the husband or wife of a parent of the infant, of that parent shall be required ".

8In Part I of Schedule 1—

(a)after " Mother" there is inserted " Adoptive mother or former adoptive mother ";

(b)after " Daughter " there is inserted " Adoptive daughter or former adoptive daughter ";

(c)after " Father " there is inserted " Adoptive father or former adoptive father ";

(d)after " Son" there is inserted " Adoptive son or former adoptive son ".

9In Schedule 2 in paragraph 2(b) after the words " deceased parent" there are inserted the words " or by the court under section 3 of the Guardianship of Minors Act 1971 ".

Maintenance Orders Act 1950 (c. 37)

10In section 15, after the words " Maintenance Orders (Reciprocal Enforcement) Act 1972 " there are inserted the words " or sections 33 to 45 of the Children Act 1975 ".

11In section 16(2)(a), after sub-paragraph (v) there are inserted the following sub-paragraphs—

(vi)section 4 of the Affiliation Proceedings Act 1957 on an application made under section 45 of the Children Act 1975 ;

(vii)section 34(1)(b) of the Children Act 1975 ;.

Magistrates' Courts Act 1952 (c. 55)

12In section 56(1) (meaning of " domestic proceedings "), the following paragraph is inserted after paragraph (e)—

(f)under the Adoption Act 1958 or Part I or II of the Children Act 1975,

and there are added at the end the following words " or proceedings on an information ".

Births and Deaths Registration Act 1953 (c. 20)

13(1)For " living new-born child " in each place where it occurs, except sections 6, 7, 8, 34(3) and 36, there is substituted " still-born child ".

(2)In section 1(2) after paragraph (d) there is added—

(e)in the case of a still-born child found exposed, the person who found the child.

(3)In section 14(1)(a) after " section 10" there is inserted " or 10A ".

(4)In section 30 after subsection (1) there is inserted the following subsection—

(1A)The Registrar General shall cause an index to be made and kept in the General Register Office of the entries in the register kept by him under section 3A of this Act.

(5)In section 34—

(a)in subsection (2) after paragraph (c) there is added the following paragraph—

(d)in relation to the re-registration of a birth under section 9(5) of this Act .

(b)in subsection (3) after " new-born child " there is inserted " or still-born child ".

(6)In section 41—

(a)after the definition of " disposal " there is inserted the following definition—

  • ' father ', in relation to an adopted child, means the child's natural father ;;

(b)after the definition of " the Minister " there is inserted the following definition—

  • ' mother ', in relation to an adopted child, means the child's natural mother ;.

Affiliation Proceedings Act 1957 (c. 55)

14In section 5(2) there is inserted at the end the following paragraph—

(e)section 45 of the Children Act 1975 (which enables the custodian of a child to apply for an affiliation order under this Act within three years after the making of the custodianship order)..

Housing Act 1957 (c. 56)

15In Schedule 2, in paragraph 4(7) for the words " any illegitimate son or daughter, and any adopted son or daughter " there are substituted the words " and any illegitimate son or daughter ".

Children Act 1958 (6 & 7 Eliz. 2 c. 65)

16In section 2, as it applies in England and Wales—

(a)in subsection (1), after the word " guardian " there is inserted the word " custodian ";

(b)in subsection (4A).—

(i)for the words "registered adoption society as is referred to in Part II of the Adoption Act 1958 " there are substituted the words " adoption society approved under Part I of the Children Act 1975 " , and

(ii)for the words " that Act " there are substituted the words " the Adoption Act 1958 ".

17In section 2 as it applies to Scotland, after subsection (4) there is inserted the following subsection—

(4A)A child is not a foster child for the purposes of this Part of this Act while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by such an adoption agency as is referred to in Part I of the Children Act 1975 or while he is a protected child within the meaning of Part IV of the Adoption Act 1958.

18In section 6 for the words " obtained their consent" there are substituted the words " obtained their written consent ".

19In section 14(2), for the words " one hundred pounds " there are substituted the words " £400 ".

20In section 37(2), for the words " one hundred pounds " there are substituted the words " £400 ".

Adoption Act 1958 (7 & 8 Eliz. 2. c. 5)

21(1)For "Adoption Rules" in each place where it occurs there is substituted " rules ".

(2)For "infant" and " infants" in each place where they occur there are respectively substituted " child " and " children ".

(3)For "registered adoption society" in each place where it occurs there is substituted " approved adoption society ".

(4)For " care and possession " in each place where it occurs there is substituted " actual custody ".

22In section 9(3), for " this Part of this Act " in each place where it occurs there is substituted " the relevant provisions " , and at the end there is inserted—

In this subsection ' the relevant provisions' means this Part, Part III and Part V of this Act and Part I of the Children Act 1975.

23In section 11(2), for "this Part of this Act" in each place where it occurs there is substituted " the relevant provisions ", and at the end there is inserted—

In this subsection ' the relevant provisions ' means this Part and Parts III and V of this Act and Part I of the Children Act 1975..

24In section 21(1) for the words from " the form " to the end there is substituted " such form as the Registrar General may by regulations specify ".

25In section 23(1) for the words from " the form " to the end there is substituted " such form as the Registrar General for Scotland may by regulations specify

26In section 26(2) after the words " adoption order" there are inserted the words " other than a Convention adoption order ".

27In section 32—

(a)the following subsections are substituted for subsection (1)—

(1)The Secretary of State may by regulations prohibit unincorporated bodies from applying for approval under section 4 of the Children Act 1975 (Approval of adoption societies); and he shall not approve any unincorporated body whose application is contrary to regulations made under this subsection.

(1A)The Secretary of State may make regulations for any purpose relating to the exercise of its functions by an approved adoption society.;

(b)in subsection (2), for " (1)" there is substituted " (2) " and for the words from " twenty-five pounds " to the end of the subsection there is substituted the word " £400 ";

(c)the following subsection is added after subsection (3)—

(4)Regulations under this section may make different provisions in relation to different cases or classes of cases and may exclude certain cases or classes of cases.

28In section 33—

(a)in subsection (1)—

(i)for " registered by the authority under this Part of this Act" there is substituted " approved under Part I of the Children Act 1975 ";

(ii)for " the exercise of" to the end there is substituted " its own information or that of the Secretary of State ";

(b)in subsection (2), for " by statutory declaration" there is substituted " in a manner specified in the notice ".

29In section 35(6) for the word "six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".

30In section 36—

(a)in subsection (1) for the words " subsection (2) of section 3 of this Act" there are substituted the words " section 18(1) of the Children Act 1975 "; and

(b)for subsection (3), there is substituted the following—

(3)A local authority which receives such notice as aforesaid in respect of a child whom the authority know to be in the care of another local authority shall, not more than seven days after the receipt of the notice, inform that other authority in writing that they have received the notice.

31In section 37—

(a)in subsection (1) for the words " subsection (2) of section 3 of this Act" there are substituted the words " section 18(1) of the Children Act 1975 ";

(b)the following subsections are substituted for subsection (4)—

(4)A protected child ceases to be a protected child—

(a)on the appointment of a guardian for him under the Guardianship of Minors Act 1971 ;

(b)on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;

(c)on the making of any of the following orders in respect of the child—

(i)an adoption order ;

(ii)an order under section 17 of the Children Act 1975 ;

(iii)a custodianship order ;

(iv)an order under section 42, 43 or 44 of the Matrimonial Causes Act 1973 ; or

(d)on his attaining the age of 18,

whichever first occurs.

(4A)In relation to Scotland—

(a)subsection (4) does not apply ; and

(b)a protected child ceases to be a protected child when—

(i)the application for an adoption order lapses or is withdrawn ;

(ii)the application for an adoption order is granted or otherwise determined :

(iii)an order is made awarding custody of the child;

(iv)an order is made appointing a guardian of the child ; or

(v)the child attains the age of 18..

32In section 40(6)for the words from the beginning to " that is to say" there are substituted the following words " The particulars referred to in subsection (4) of this section are ".

33In section 44(2), for the word "six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".

34In section 50—

(a)in subsection (1), in paragraph (b), for " any consent" there is substituted " any agreement or consent ";

(b)in subsection (2), for the word " six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ";

(c)in subsection (3), for " adoption society " there is substituted " approved adoption society ".

35In section 51(2), for the words "fifty pounds " there is substituted the word " £400 ".

36In section 52(1)—

(a)for the words " fifty-three of this Act" there are substituted the words " twenty-five of the Children Act 1975 "; and

(b)for the word " six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".

37In section 55, after the words "this Act " there are inserted the words " or Part I of the Children Act 1975 ".

38For section 56 there is substituted the following section—

56Rules and regulations.

(1)Any power to make rules or regulations conferred by this Act on the Lord Chancellor, the Secretary of State, the Registrar General or the Registrar General for Scotland shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)The Registrar General shall not make regulations under section 20A or 21 of this Act except with the approval of the Secretary of State.

(3)The Registrar General for Scotland shall not make regulations under section 23 of this Act except with the approval of the Secretary of State.

(4)The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made for the purposes of this Act by the Registrar General for Scotland as if the regulations had been made by a Minister of the Crown.

39In section 57(1)—

(a)for the definition of " adoption order " there is substituted " ' adoption order' means an order under section 1 of this Act or section 8(1) of the Children Act 1975 ; ",

(b)there are inserted after the definition of " adoption society " the words " ' approved adoption society' means an adoption society approved under Part I of the Children Act 1975 ; ",

(c)after the definition of " body of persons " there are inserted the following definitions—

  • " child ", except where used to express a relationship, means a person who has not attained the age of 18 ;

  • " Convention adoption order " has the same meaning as in the Children Act 1975 ;,

(d)for the definition of " guardian" there is substituted

  • ' guardian ' means—

    (a)

    a person appointed by deed or will in accordance with the provisions of the Guardianship of Infants Acts 1886 and 1925 or the Guardianship of Minors Act 1971 or by a court of competent jurisdiction to be the guardian of the child, and

    (b)

    in the case of an illegitimate child, includes the father where he has custody of the child by virtue of an order under section 9 of the Guardianship of Minors Act 1971, or under section 2 of the Illegitimate Children (Scotland) Act 1930 ;,

(e)after the definition of " relative" there is inserted the following definition—

  • " voluntary organisation " means a body other than a public or local authority the activities of which are not carried on for profit.,

40After section 57(1) there is inserted—

(1A)In this Act, in relation to Scotland, unless the context otherwise requires " actual custody" means care and possession..

County Courts Act 1959 (c. 22)

41In section 109(2) the following paragraph is inserted after paragraph (g)—

(h)any proceedings under the Guardianship of Minors Acts 1971 and 1973 or the Children Act 1975.

Children and Young Persons Act 1963 (c. 37)

42In section 49(1), for the words "twenty pounds" there are substituted the words " £100 ".

Perpetuities and Accumulations Act 1964 (c. 55)

43In section 4, the following subsection is inserted at the end—

(7)For the avoidance of doubt it is hereby declared that a question arising under section 3 of this Act or subsection (1)(a) above of whether a disposition would be void apart from this section is to be determined as if subsection (6) above had been a separate section of this Act.

Adoption Act 1964 (c. 57)

44In section 1, the following subsection is substituted for subsection (5)—

(5)Section 8(3) and (4) of, and paragraph 11 of Schedule 1 and paragraph 3 of Schedule 2 to, the Children Act 1975 apply in relation to a child who is the subject of an order which is similar to an order under section 25 of that Act and is made (whether before or after this subsection has effect) in Northern Ireland, the Isle of Man or any of the Channel Islands, as they apply in relation to a child who is the subject of an adoption order.

45In section 3(3)—

(a)for the words " section 53 of the said Act of 1958 " there are substituted the words " section 25 of the Children Act 1975 ";

(b)for the words from " the word ' Provisionally'" to the end of the subsection there are substituted the words " the words ' Proposed Foreign Adoption' or, as the case may require, ' Proposed Foreign Re-adoption' followed by the name, in brackets, of the country in which the order was made. "

Health Services and Public Health Act 1968 (c. 46)

46For section 64(3)(a) there is substituted—

(a)' the relevant enactments' means—

(i)Parts III and IV of the Children and Young Persons Act 1933,

(ii)the National Health Service Act 1946,

(iii)Part III of the National Assistance Act 1948,

(iv)the Children Act 1948,

(v)the Adoption Act 1958,

(vi)the Children Act 1958,

(vii)section 9 of the Mental Health Act 1959,

(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

(ix)section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960,

(x)the Children and Young Persons Act 1963, except Part II and section 56,

(xi)this Act,

(xii)the Adoption Act 1968,

(xiii)section 7(4) of the Family Law Reform Act 1969,

(xiv)the Children and Young Persons Act 1969, except so far as it relates to any voluntary home designated as mentioned in section 39(1) of that Act as a controlled or assisted community home,

(xv)section 43 of the Matrimonial Causes Act 1973,

(xvi)the National Health Service Reorganisation Act 1973,

(xvii)the Children Act 1975.

47For section 65(3)(b) there is substituted—

(b)' the relevant enactments' means—

(i)Parts III and IV of the Children and Young Persons Act 1933,

(ii)Part III of the National Health Service Act 1946,

(iii)Part III of the National Assistance Act 1948,

(iv)the Children Act 1948,

(v)the Adoption Act 1958,

(vi)section 3 of the Disabled Persons (Employment) Act 1958,

(vii)the Children Act 1958,

(viii)section 9 of the Mental Health Act 1959,

(ix)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

(x)section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960,

(xi)the Children and Young Persons Act 1963, except Part II and section 56,

(xii)this Act,

(xiii)the Adoption Act 1968,

(xiv)section 7(4) of the Family Law Reform Act 1969,

(xv)the Children and Young Persons Act 1969,

(xvi)section 43 of the Matrimonial Causes Act 1973,

(xvii)the National Health Service Reorganisation Act 1973,

(xviii)the Children Act 1975.

Social Work (Scotland) Act 1968 (c. 49)

48In section 2(2) (functions of the social work committee), the following paragraph is inserted after paragraph (g)—

(h)the Children Act 1975,.

49For section 5(2) there is substituted—

(2)The Secretary of State may make regulations in relation to—

(a)the performance of the functions assigned to local authorities by this Act;

(b)the activities of voluntary organisations in so far as those activities are concerned with the like purposes ;

(c)the performance of the functions referred to social work committees under section 2(2)(b) to (e) and (h) of this Act;

(d)the performance of the functions transferred to local authorities by section 1(4)(a) of this Act..

50In section 6(1)(b), after sub-paragraph (ii) there is inserted the following sub-paragraph—

(iii)a child who has been placed for adoption by an adoption agency (within the meaning of section 1 of the Children Act 1975);.

51In section 10—

(a)in subsection (1), for the words from " with his functions " to the end there is substituted " with—

(a)his functions ;

(b)the functions of local authorities,

under this Act or under the enactments specified in paragraph (a) of section 1(4) and paragraphs (b) to (e) and (h) of section 2(2) of this Act, in circumstances where it appears to the Secretary of State that such grants or loans should be made.;

(b)after subsection (3) there is inserted—

(3A)In subsection (3) above, " voluntary organisation the sole or primary object of which is to promote social welfare" includes an adoption society approved under Part I of the Children Act 1975..

52In section 17—

(a)in subsection (3), for " section 16 " there is substituted " section 16(1)(a) " and after " local authority" there is inserted " , in whom are vested in accordance with the resolution the parental rights and powers in respect of a child, " ;

(b)the following subsection is inserted after subsection (3)—

(3A)A resolution under section 16(1)(b) of this Act shall not prevent the voluntary organisation, in whom are vested in accordance with the resolution the parental rights and powers in respect of a child, from allowing, either for a fixed period or until the voluntary organisation otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the voluntary organisation to be for the benefit of the child.;

(c)in subsection (4), for " section 16" there is substituted " section 16(1)(a) ";

(d)in subsection (6), for the words " the said section 16 " there is substituted " section 16 of this Act ";

(e)in subsection (7), after the words " local authority " there are inserted the words " or a voluntary organisation ";

(f)in subsection (8)—

(i)for the words " to whom this section applies " there is substituted " , in respect of whom a resolution under section 16 of this Act is in effect, "; and

(ii)for the words " fifty pounds" there is substituted " £400 ";

(g)in subsection (9)—

(i)for the words " where a local authority have, in accordance with subsection (3) of this section, allowed " there is substituted—

Where—

(a)a local authority have, in accordance with subsection (3) of this section ; or

(b)a voluntary organisation have, in accordance with subsection (3A) of this section,

allowed;

(ii)for the words " fifty pounds " there is substituted " £400 ".

53In section 18—

(a)in subsection (2), for " section 16 " there is substituted " section 16(1)(a) " ;

(b)in subsection (3)—

(i)in paragraph (a), for " paragraph (a)" there is substituted " sub-paragraph (i) ";

(ii)for paragraph (b) there is substituted " (b) in the case of a resolution passed by virtue of circumstances specified in sub-paragraph (ii), (iii), or (iv) of subsection (1) of the said section 16, by the person who, but for the resolution, would have the parental rights and powers in relation to the child, ";

(iii)after the words " otherwise direct, the local authority" there are inserted the words " , and any voluntary organisation having parental rights and powers with respect to the child, ";

(c)in subsection (4), after the words "local authority" there are inserted the words " or voluntary organisation ".

54In section 32(2)—

(a)for paragraphs (b) and (c) there is substituted—

(b)he is falling into bad associations or is exposed to moral danger; or

(c)lack of parental care is likely to cause him unnecessary suffering or seriously to impair his health or development; or;

(b)in paragraph (d), for the words " Children and Young Persons (Scotland) Act 1937 " there is substituted " Criminal Procedure (Scotland) Act 1975 ";

(c)after paragraph (d) there is inserted—

(dd)the child is, or is likely to become, a member of the same household as a person who has committed any of the offences mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1975 ; or.

55In section 35(5)(a) at the end there is inserted " and to such other persons as may be prescribed ; ".

56In section 44(5), after " 20 ", there is inserted " 20A. ".

57In section 49(3) for the words " The sheriff may examine the reporter and " there is substituted—

The reporter, whether or not he is conducting the proceedings before the sheriff, may be examined by the sheriff; and the sheriff may examine.

58In section 69—

(a)in subsection (1), at the end there are added the following words—

; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child..

(b)for subsection (5) there is substituted—

(5)In this and the next following section any reference—

(a)to a child absconding includes a reference to his being unlawfully taken away;

(b)to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be..

59In section 70, at the end there are added the following words—

; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child..

60In section 71, for the words " one hundred pounds " there is substituted " £400 ".

Adoption Act 1968 (c. 53)

61In section 8(2)—

(a)for the words "form set out in Schedule 1 to the Act of 1958, as modified by this subsection " there are substituted the words " form specified for the purposes of this subsection in regulations made by the Registrar General under section 21 of the Act of 1958 "; and

(b)the words from " and for the purposes" to the end are repealed.

62In section 8(5)—

(a)for paragraph (b) there is substituted—

(b)for the references to section 21 of the Act of 1958 there shall be substituted references to section 23 of that Act;;

(b)paragraph (c) is repealed ;

(c)for paragraph (d) there is substituted—

(c)in subsection (4), for the reference to section 14 of the Births and Deaths Registration Act 1953 there shall be substituted a reference to section 20(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (which provides for re-registration of births in certain cases).

63In section 9(5), for the words "a specified order or an overseas adoption" there are substituted the words "or a specified order".

64In section 11(1)—

(a)for the definition of "adoption order" there is substituted the following definition—

  • "adoption order" means an order made under section 8 of the Children Act 1975 as a Convention adoption order;;

(b)in the definition of "specified order" for the words "section 1 of this Act" there are substituted the words "sections 8(1) and 24 of the Children Act 1975".

65In section 12(2), for the words from "made by virtue of" to "any of those provisions)" there are substituted the words "containing rules made by the Lord Chancellor under subsection (1) of this section".

Housing Act 1969 (c. 33)

66In section 86(2) for the words "any illegitimate son or daughter and any adopted son or daughter" there are substituted the words "and any illegitimate son or daughter".

Children and Young Persons Act 1969 (c. 54)

67In section 1(2) the following paragraph is inserted after paragraph (b

(bb)it is probable that the conditions set out in paragraph (a) of this subsection will be satisfied in his case, having regard to the fact that a person who has been convicted of an offence mentioned in Schedule 1 to the Act of 1933 is, or may become, a member of the same household as the child ;.

68The following section is inserted after section 11—

11ALocal authority functions under certain supervision orders.

The Secretary of State may make regulations with respect to the exercise by a local authority of their functions in a case where a person has been placed under their supervision by an order made under section 1(3)(b) or 21(2) of this Act.

69In section 21—

(a)the following subsection is inserted after subsection (2)—

(2A)A juvenile court shall not make an order under subsection (2) of this section in the case of a person who has not attained the age of 18 and appears to the court to be in need of care or control unless the court is satisified that, whether through the making of a supervision order or otherwise, he will receive that care or control.;

(b)in subsection (3) for "the preceeding subsection" there is substituted "subsection (2) of this section".

70The following section is inserted after section 21—

21ATermination of care order on adoption, etc.

A care order relating to a child shall cease to have effect—

(a)on the adoption of the child ;

(b)if an order under section 14 or section 25 of the Children Act 1975 is made in relation to the child ;

(c)if an order similar to an order under section 25 of the Children Act 1975 is made in Northern Ireland, the Isle of Man or any of the Channel Islands in relation to the child.

71In section 27—

(a)in subsection (3), for the words "their general duty aforesaid" there are substituted the words "their general duty under section 12(1) of the Children Act 1948" ;

(b)the following subsections are substituted for subsection (4)—

(4)Without prejudice to their general duty under the said section 12, it shall be the duty of a local authority to review the case of each child in their care in accordance with regulations made under the following subsection.

(5)The Secretary of State may by regulations make provision as to—

(a)the manner in which cases are to be reviewed under this section ;

(b)the consideration to which the local authority are to have regard in reviewing cases under this section ; and

(c)the time when a child's case is first to be reviewed and the frequency of subsequent reviews under this section.

72In section 58(1), the following paragraph is inserted after paragraph (b)—

(bb)premises in which a child is living with a person other than his parent, guardian, relative or custodian, with whom he has been placed by an adoption agency (within the meaning of section 1 of the Children Act 1975);.

Administration of Justice Act 1970 (c. 31)

73(1)In Schedule 1—

(a)after "Appellate Business" there is inserted the following paragraph—

  • Proceedings on appeal under section 4A of the Children Act 1948 ;;

(b)at the end there is inserted the following paragraph—

  • Proceedings on appeal under the Children Act 1975.

(2)In Schedule 8—

(a)in paragraph 5, after the words " Social Security Act 1966 " there are inserted the words " or section 45 of the Children Act 1975 ";

(b)after paragraph 11, there is inserted the following paragraph—

12An order under section 34(1)(b) of the Children Act 1975 (payments of maintenance in respect of a child to his custodian)..

Local Authority Social Services Act 1970 (c. 42)

74In Schedule 1—

(a)at the end of the entry relating to the Adoption Act 1958 there are added the following words " Counselling services for adopted persons ";

(b)the following is inserted at the end—

Children Act 1975 (c. 72)
Part IMaintenance of Adoption Service; function of local authority as adoption agency; applications for orders freeing children for adoption; inquiries carried out by local authorities in adoption cases.
Part IIApplication by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases..

Guardianship of Minors Act 1971 (c. 3)

75(1)In section 9—

(a)in subsection (2) for "any person (whether or not one of the parents) " there is substituted " one of the parents " and the words " or either of the parents " are repealed;

(b)in subsection (3), the proviso is repealed ;

(c)in subsection (4), the words from " or (before or after the death of either parent)" to the end are repealed;

(d)the following subsections are inserted after subsection (4)—

(5)An order shall not be made under subsection (1) of this section giving custody to a person other than the mother or father.

(6)An order shall not be made under subsection (1) of this section at any time when the minor is free for adoption (within the meaning of section 12(6) of the Children Act 1975).

(2)In section 13(2), after the words "order for the payment of money" there are inserted the words " made by a magistrates' court ".

(3)In section 16—

(a)in subsection (1) for " the High Court shall" there is substituted " the High Court may ";

(b)in subsection (4) for "the magistrates' court may" there is substituted " the magistrates' court shall ";

(c)in subsection (5), for the words from " section 9 " to " so given" there are substituted the words " section 3(3) or 4(3 A) of the Guardianship Act 1973 for the discharge or variation of a supervision order or, as the case may be, an order giving the care of a minor to a local authority or an order requiring payments to be made to an authority to whom care of a minor is so given ".

Attachment of Earnings Act 1971 (c. 32)

76In Schedule 1—

(a)in paragraph 6, after the words " Social Security Act 1966 " there are inserted the words " or section 45 of the Children Act 1975 ";

(b)after paragraph 11, there is inserted the following paragraph—

12An order under section 34(1)(b) of the Children Act 1975 (payments of maintenance in respect of a child to his custodian).

Parliamentary and Other Pensions Act 1972 (c. 48)

77In section 15(6), for the words " a stepchild or adopted child " there are substituted the words " or a stepchild ".

Matrimonial Causes Act 1973 (c. 18)

78In section 44(1), for the words " custody of any person " there are substituted the words " care of any person ".

79In section 50(1), at the end of paragraph (e) there are inserted the following words— or

(f)proceedings to which section 100(7)(d) of the Children Act 1975 applies (certain applications for revocation and variation of custodianship etc. orders);.

Guardianship Act 1973 (c. 29)

80(1)In section 4(3) for the words from " the following provisions " to the end there are substituted the following words " sections 12(2) and 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 of the Guardianship of Minors Act 1971. "

(2)After section 4(3) there is inserted the following subsection—

(3A)An order under section 2(2)(b) or (3) above relating to a minor 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 minor was committed by the order under section 2(2)(b).

81In section 6(1), for " section 9 of the Guardianship of Minors Act 1971 or section" there is substituted " section 5 or 9 of the Guardianship of Minors Act 1971 or section 1(3) or ".

Legal Aid Act 1974 (c. 4)

82In Schedule 1—

(a)for paragraph 3(d), there is substituted—

(d)proceedings in which the making of an order under Part I of the Children Act 1975 is opposed by any party to the proceedings;;

(b)the following paragraphs are inserted after paragraph 3(e)—

(f)proceedings under Part II of the Children Act 1975 ;

(g)proceedings under section 63(2) of the Children Act 1975.

Housing Act 1974 (c. 44)

83In section 129(4), for the words " any illegitimate son or daughter and any adopted son or daughter" there are substituted the words " and any illegitimate son or daughter ".

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