Children Act 1975

75[F1(1)In section 9—E+W+S

(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or not one of the parents)” there is substituted “one of the parents” and the words “or either of the parents” are repealed

(b)in subsection (3), the proviso is repealed ;

(c)in subsection (4), the words from “or (before or after the death of either parent)” to the end are repealed ;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(3A) 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”.

Textual Amendments