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The Children (Scotland) Act 1995 (Commencement No.2 and Transitional Provisions) Order 1996

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Transitional provisions

5.  Until the coming into force of section 86 of the Act, and without prejudice to the then operation of section 17(2)(b) of the Interpretation Act 1978–

(a)in section 7(5) of the Act, the reference to an order under section 86 of the Act shall be construed as including a reference to a resolution under section 16(1) or 16A(2) of the 1968 Act; and

(b)in section 11(4)(d) of the Act, the reference to a case in which the parental responsibilities or parental rights have been transferred to a local authority by a parental responsibilities order shall be construed as including a reference to a case in which the relevant parental rights and powers in relation to the child (as defined in section 16(3) of the 1968 Act) have vested in a local authority or a voluntary organisation by a resolution under section 16 or 16A of the 1968 Act.


Section 16 was substituted by the Children Act 1975, section 74 and amended by the Adoption Act 1976 (c. 36), Schedule 3, paragraph 34; the Adoption (Scotland) Act 1978 (c. 28), Schedule 3, paragraphs 13 and 14; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 7(1); the Mental Health (Scotland) Act 1984 (c. 36), Schedule 3, paragraph 15; the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 9 and the Age of Legal Capacity (Scotland) Act 1991 (c. 50), Schedule 1, paragraph 31; section 16(11)(e) was inserted by the Child Abduction and Custody Act 1985 (c. 60), section 25(6).


Section 16A was inserted by the Children Act 1975, section 75.

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