Children Act 1975

(2) (1) Subject to the provisions of this Part of this Act, if it appears to a local authority in relation to any child who is in their care under the foregoing sectionmdash; (a) that his parents are dead and he has no guardian or custodian; or (b) that a parent of his— (i) has abandoned him, or (ii) suffers from some permanent disability rendering him incapable of caring for the child, or (iii) while not falling within sub-paragraph (ii) of this paragraph, suffers from a mental disorder (within the meaning of the Mental Health Act 1959), which renders him unfit to have the care of the child, or (iv) is of such habits or mode of life as to be unfit to have the care of the child, or (v) has so consistently failed without reasonable cause to discharge the obligations of a parent as to be unfit to have the care of the child; or (c) that a resolution under paragraph (b) of this subsection is in force in relation to one parent of the child who is, or is likely to become, a member of the household comprising the child and his other parent; or (d) that throughout the three years preceding the passing of the resolution the child has been in the care of a local authority under the foregoing section, or partly in the care of a local authority and partly in the care of a voluntary organisation, the local authority may resolve that there shall vest in them the parental rights and duties with respect to that child, and, if the rights and duties were vested in the parent on whose account the resolution was passed jointly with another person, they shall also be vested in the local authority jointly with that other person. (2) In the case of a resolution passed under paragraph (b), (c) or (d) of subsection (1) of this section, unless the person whose parental rights and duties have under the resolution vested in the local authority has consented in writing to the passing of the resolution, the local authority, if that person’s whereabouts are known to them, shall forthwith after the passing of the resolution serve on him notice in writing of the passing thereof. (3) Every notice served by a local authority under subsection (2) of this section shall inform the person on whom the notice is served of his right to object to the resolution and the effect of any objection made by him. (4) If, not later than one month after notice is served on a person under subsection (2) of this section, he serves a counter-notice in writing on the local authority objecting to the resolution, the resolution shall, subject to the provisions of subsection (5) of this section, lapse on the expiry of fourteen days from the service of the counter-notice. (5) Where a counter-notice has been served on a local authority under subsection (4) of this section, the authority may not later than fourteen days after the receipt by them of the counter-notice complain to a juvenile court having jurisdiction in the area of the authority, and in that event the resolution shall not lapse until the determination of the complaint; and the court may on the hearing of the complaint order that the resolution shall not lapse by reason of the service of the counter-notice: Provided that the court shall not so order unless satisfied— (a) that the grounds mentioned in subsection (1) of this section on which the local authority purported to pass the resolution were made out, and (b) that at the time of the hearing there continued to be grounds on which a resolution under subsection (1) of this section could be founded, and (c) that it is in the interests of the child to do so. (6) While a resolution passed under subsection (1)(b), (c) or (d) of this section is in force with respect to a child, section 1(3) of this Act shall not apply in relation to the person who, but for the resolution would have the parental rights and duties in relation to the child. (7) Any notice under this section (including a counter-notice) may be served by post, so however that a notice served by a local authority under subsection (2) of this section shall not be duly served by post unless it is sent by registered post or recorded delivery service. (8) A resolution under this section shall cease to have effect if— (a) the child is adopted; (b) an order in respect of the child is made under section 14 or 25 of the Children Act 1975; or (c) a guardian of the child is appointed under section 5 of the Guardianship of Minors Act 1971. (9) Where, after a child has been received into the care of a local authority under the foregoing section, the whereabouts of any parent of his have remained unknown for twelve months, then, for the purposes of this section, the parent shall be deemed to have abandoned the child. (10) The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (1)(d) of this section to substitute a different period for the period mentioned in that paragraph (or the period which, by a previous order under this subsection, was substituted for that period). (11) In this section— - “parent”, except in subsection (1)(a), includes a guardian or custodian; - “parental rights and duties”, in relation to a particular child, means all rights and duties which by law the mother and father have in relation to a legitimate child and his property except the right to consent or refuse to consent to the making of an application under section 14 of the Children Act 1975 and the right to agree or refuse to agree to the making of an adoption order or an order under section 25 of that Act.

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Supplementary provisions relating to care proceedings

58

In the Children Act 1948, the following sections are inserted after section 4—

(4A) An appeal shall lie to the High Court from the making by a juvenile court of an order under section 2(5) or section 4(3) of this Act (orders confirming or terminating local authority resolutions under section 2(1) of this Act), or from the refusal by a juvenile court to make such an order. (4B) (1) In any proceedings under section 2(5) or 4(3) or 4A of this Act, a juvenile court or the High Court may, where it considers it necessary in order to safeguard the interests of the child to whom the proceedings relate, by order make the child a party to the proceedings and appoint, subject to rules of court, a guardian ad litem of the child for the purposes of the proceedings. (2) A guardian ad litem appointed in pursuance of this section shall be under a duty to safeguard the interests of the child in the manner prescribed by rules of court. (3) Section 6 of the Guardianship Act 1973 shall apply in relation to complaints under section 2(5) or 4(3) of this Act as it applies in relation to applications under section 3(3) of the said Act of 1973.

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General duty of local authority in care cases

59

In section 12 of the Children Act 1948, the following subsections are substituted for subsection (1)—

(1) In reaching any decision relating to a child in their care, a local authority shall give first consideration to the need to safeguard and promote the welfare of the child throughout his childhood; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding. (1A) If it appears to the local authority that it is necessary, for the purpose of protecting members of the public, to exercise their powers in relation to a particular child in their care in a manner which may not be consistent with their duty under the foregoing subsection, the authority may, notwithstanding that duty, act in that manner.

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Children in care of voluntary organisations in England and Wales

Transfer of parental rights and duties to voluntary organisations

60

• (1) Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body—

• (a) that the child is not in the care of any local authority, and

• (b) that a condition specified in section 2(1) of the Children Act 1948 is satisfied; and

• (c) that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,

the authority may, subject to subsections (5) and (6), resolve that there shall vest in the organisation the parental rights and duties with respect to that child.

• (2) While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.

• (3) If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly in that other person and the organisation in whose care the child is.

• (4) In determining, for the purposes of subsection (1) of this section, whether the condition specified in section 2(1)(b)(i) of the Children Act 1948 is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.

• (5) A resolution under subsection (1) may not be passed by a local authority in respect of any child unless—

• (a) the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and

• (b) that organisation has requested the authority to pass the resolution.

• (6) The parental rights and duties which may vest in an organisation by virtue of this section do not include the right to consent or refuse to consent to the making of an application under section 14 and the right to agree or refuse to agree to the making of an adoption order or an order under section 25; and regulations made under section 33(1) of the Children Act 1948 shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.

• (7) Subsection (8) of section 2 of the Children Act 1948 shall apply in relation to a resolution under subsection (1) as if it were a resolution under the said section 2.

Duty of local authority to assume parental rights and duties

61

• (1) If it appears to a local authority, having regard to the interests of the welfare of a child living within their area, the parental rights and duties with respect to whom are by virtue of a resolution under section 60 vested in a voluntary organisation, that it is necessary that the parental rights and duties should no longer be vested in the organisation, the local authority shall resolve that there shall vest in them the parental rights and duties relating to the child.

• (2) The local authority shall within seven days of passing a resolution under subsection (1) by notice in writing inform the organisation and each parent, guardian or custodian of the child whose whereabouts are known to them that the resolution has been passed.

Effect of resolutions under sections 60 and 61

62

• (1) A resolution under subsection (1) of section 60 shall cease to have effect on the passing of a resolution under subsection (1) of section 61.

• (2) Section 6 of the Children Act 1948 shall have effect in relation to a resolution under subsection (1) of section 60 as it has effect in relation to a resolution under section 2 of that Act.

• (3) A resolution under subsection (1) of section 61 shall be deemed to be a resolution under section 2 of the Children Act 1948 except that sections 2(2) to (7) and 4(3) of that Act shall not apply.

Appeals by parents etc.

63

• (1) Subsections (2) to (5) and (7) of section 2 of the Children Act 1948 shall apply to a resolution under section 60 as they apply to a resolution under the said section 2, with the substitution for the reference in subsection (2) to the vesting of parental rights and duties in the local authority of a reference to the vesting of parental rights and duties in the voluntary organisation.

• (2) An appeal may be made—

• (a) where the complaint relates to a resolution under section 60, by a person deprived of parental rights and duties by the resolution, or

• (b) where the complaint relates to a resolution under section 61, by a person who but for that resolution and an earlier resolution under section 60 would have parental rights and duties,

to a juvenile court having jurisdiction in the area of the authority which passed the resolution, on the ground that—

• (i) there was no ground for the making of the resolution, or

• (ii) that the resolution should in the interests of the child be determined.

• (3) An appeal shall lie to the High Court against the decision of a juvenile court under this section.

• (4) Section 4B of the Children Act 1948 shall apply in relation to proceedings under this section.

Conflict of interest between parent and child

Addition of new sections to Children and Young Persons Act 1969

64

The following heading and sections are inserted after section 32 of the Children and Young Persons Act 1969—

(32A) (1) If before or in the course of proceedings in respect of a child or young person— (a) in pursuance of section 1 of this Act, or (b) on an application under section 15(1) of this Act for the discharge of a relevant supervision order or a supervision order made under section 21(2) of this Act on the discharge of a relevant care order; or (c) on an application under section 21(2) of this Act for the discharge of a relevant care order or a care order made under section 15(1) of this Act on the discharge of a relevant supervision order; or (d) on an appeal to the Crown Court under section 2(12) of this Act, or (e) on an appeal to the Crown Court under section 16(8) of this Act against the dismissal of an application for the discharge of a relevant supervision order or against a care order made under section 15(1) on the discharge of— (i) a relevant supervision order; or (ii) a supervision order made under section 21(2) on the discharge of a relevant care order; or (f) on an appeal to the Crown Court under section 21(4) of this Act against the dismissal of an application for the discharge of a relevant care order or against a supervision order made under section 21(2) on the discharge of— (i) a relevant care order; or (ii) a care order made under section 15(1) on the discharge of a relevant supervision order, it appears to the court that there is or may be a conflict, on any matter relevant to the proceedings, between the interests of the child or young person and those of his parent or guardian, the court may order that in relation to the proceedings the parent or guardian is not to be treated as representing the child or young person or as otherwise authorised to act on his behalf. (2) If an application such as is referred to in subsection (1)(b) or (c) of this section is unopposed, the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall order that in relation to proceedings on the application no parent or guardian of his shall be treated as representing him or as otherwise authorised to act on his behalf; but where the application was made by a parent or guardian on his behalf the order shall not invalidate the application. (3) Where an order is made under subsection (1) or (2) of this section for the purposes of proceedings on an application within subsection 1(a), (b) or (c) of this section, that order shall also have effect for the purposes of any appeal to the Crown Court arising out of those proceedings. (4) The power of the court to make orders for the purposes of an application within subsection (1)(a),(b) or (c) of this section shall also be exercisable, before the hearing of the application, by a single justice. (5) In this section— “relevant care order” means a care order made under section 1 of this Act; “relevant supervision order” means a supervision order made under section 1 of this Act. (32B) (1) Where the court makes an order under section 32A(2) of this Act the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall in accordance with rules of court appoint a guardian ad litem of the child or young person for the purposes of the proceedings. In this subsection “court” includes a single justice. (2) Rules of court shall provide for the appointment of a guardian ad litem of the child or young person for the purposes of any proceedings to which an order under section 32A(1) of this Act relates. (3) A guardian ad litem appointed in pursuance of this section shall be under a duty to safeguard the interests of the child or young person in the manner prescribed by rules of court.

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Legal aid for parents where order made under new section 32A of 1969 Act

65

Safeguarding of interests of children before children's hearings etc. in Scotland

66

In the Social Work (Scotland) Act 1968 the following section is inserted after section 34—

(34A) (1) In any proceedings— (a) before a children’s hearing; (b) before the sheriff on an application under section 42(2)(c) of this Act; (c) before the sheriff on an appeal under section 49 or 51 of this Act, the chairman (in the case of proceedings referred to in paragraph (a) above) or the sheriff (in any other case)— (i) shall consider whether it is necessary for the purpose of safeguarding the interests of the child in the proceedings, because there is or may be a conflict, on any matter relevant to the proceedings, between the interests of the child and those of his parent, to appoint a person to act for that purpose ; and (ii) without prejudice to any existing power to appoint a person to represent the interests of the child, may, if he thinks fit, appoint a person to act for the purpose specified in paragraph (i) above. (2) The power to make rules under— (a) section 35(4) of this Act, (b) section 32 of the Sheriff Courts (Scotland) Act 1971, shall include power to make rules providing for— (i) the procedure in relation to the disposal of matters arising under this section ; (ii) appointment under subsection (1) of this section, the functions of a person so appointed and any right of such a person to information relating to the proceedings in question. (3) The expenses of a person appointed under subsection (1) of this section shall— (a) in so far as reasonably incurred by him in safeguarding the interests of the child in the proceedings, and (b) except in so far as otherwise defrayed in terms of regulations made under section 103(2) of the Children Act 1975, be borne by the local authority for whose area the children’s panel from which the relevant children’s hearing has been constituted is formed. (4) For the purposes of subsection (3) of this section, “relevant children’s hearing” means— (a) in the case of proceedings referred to in subsection (1)(a) of this section, the children’s hearing, (b) in the case of proceedings referred to in subsection (1)(b) of this section, the children’s hearing who have directed the application ; (c) in the case of proceedings referred to in subsection (1)(c) of this section, the children’s hearing whose decision is being appealed against.

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Absence from care and children in need of secure accommodation

Recovery of children in care of local authorities

67

• (1) This section applies to a child—

• (a) who is in the care of a local authority under section 1 of the Children Act 1948; and

• (b) with respect to whom there is in force a resolution under section 2 of that Act; and

• (c) who—

• (i) has run away from accommodation provided for him by the local authority under Part II of the said Act; or

• (ii) has been taken away from such accommodation contrary to section 3(8) of the said Act; or

• (iii) has not been returned to the local authority as required by a notice served under section 49 of the Children and Young Persons Act 1963 on a person under whose charge and control the child was, in accordance with section 13(2) of the said Act of 1948, allowed to be.

• (2) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child to whom this section applies, he may issue a summons directed to the person so specified and requiring him to attend and produce the child before a magistrates’ court acting for the same petty sessions area as the justice.

• (3) Without prejudice to the powers under subsection (2) above, if a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom this section applies is in premises specified in the information, he may issue a search warrant authorising a person named in the warrant, being an officer of the local authority in whose care the child is, to search the premises for the child; and if the child is found, he shall be placed in such accommodation as the local authority may provide for him under Part II of the Children Act 1948.

• (4) A person who, without reasonable excuse, fails to comply with a summons under subsection (2) shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Extension of powers under section 32 of Children and Young Persons Act 1969

68

• (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall have effect subject to the following provisions of this section.

• (2) In subsection (1) of the said section 32, paragraph (b) shall cease to have effect.

• (3) After subsection (1) of the said section 32, there is inserted the following subsection:—

(1A) If a child or young person is absent from a place of safety to which he has been taken in pursuance of section 2(5), 16(3) or 28 of this Act without the consent of— (a) the person who made the arrangements for his detention in the place of safety in pursuance of the said section 2(5) or 16(3), or (b) the person on whose application an authorisation relating to the child or young person has been issued under the said section 28, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant, and shall, if so arrested, be conducted to the place of safety at the expense of the person referred to in paragraph (a) or (b) (as the case may be) of this subsection.

.

• (4) In subsection (2) of the said section 32, after the words “subsection (1)” there are inserted the words “or (1A)”, and for the words “twenty pounds” there is substituted the word “£100”.

• (5) After the said subsection (2), the following subsections are inserted—

(2A) Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or (1A) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person. (2B) A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the person referred to in subsection (1A)(a) or (b) (as the case may be) of this section.

.

• (6) In subsection (3) of the said section 32, for the words “one hundred pounds” there is substituted the word “£400”.

• (7) In subsection (4) of the said section 32, for the words “subsection (1)” there are substituted the words “subsections (1), (1A) and (2A)”, and for the words “that subsection” there are substituted the words “subsection (1).”.

Certificates of unruly character

69

The court shall not certify under section 22(5) or section 23(2) or (3) of the Children and Young Persons Act 1969 (committals to remand centres or prison) that a child is of so unruly a character that he cannot safely be committed to the care of a local authority unless the conditions prescribed by order made by the Secretary of State are satisfied in relation to that child.

Children of unruly character in Scotland

70

The following provisions of the Criminal Procedure (Scotland) Act 1975 (which relate to children of unruly character) shall be amended in the manner specified in paragraphs (a) to (c) below—

• (a) in sections 23(1)(b), 24(1), 297(1) and 329(1)(b) of the said Act of 1975 the following words are added at the end— “ ; but the court shall not so certify a child unless such conditions as the Secretary of State may by order made by statutory instrument prescribe are satisfied in relation to the child. ” ;

• (b) in sections 23(3) and 329(3) of the said Act of 1975 the following words are added at the end— “ ; but a commitment shall not be so revoked unless such conditions as the Secretary of State may by order made by statutory instrument prescribe are satisfied in relation to the said person. ” ;

• (c) in sections 24(2) and 297(2) of the said Act of 1975 the following words are added at the end— “ ; but a commitment shall not be so revoked unless such conditions as the Secretary of State may by order made by statutory instrument prescribe are satisfied in relation to the child. ”.

Grants in respect of secure accommodation for children in England and Wales

71

Grants in respect of secure accommodation for children in Scotland

72

The following section is inserted after section 59 of the Social Work (Scotland) Act 1968—

(59A) (1) The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in— (a) providing ; (b) joining with another local authority in providing; or (c) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of, secure accommodation . . . . (2) The conditions subject to which grants are made under subsection (1) of this section may include conditions for securing the repayment in whole or in part of such grants. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Further amendments of Social Work (Scotland) Act 1968

Amendment of s. 15 of Social Work (Scotland) Act 1968

73

Substitution of s. 16 of Social Work (Scotland) Act 1968

74

Duty of local authority in Scotland to assume parental rights and powers vested in a voluntary organisation

75

Return of child taken away in breach of section 17(8) or (9) of Social Work (Scotland) Act 1968

76

Making of adoption orders where local authority have parental rights

77

Safeguarding of interests of children in proceedings in Scotland relating to the assumption of parental rights

78

Amendment of section 20 of Social Work (Scotland) Act 1968

79

Review of case of child in care in Scotland

80

Restriction on removal of child from care of voluntary organisation

81

Power of reporters to conduct proceedings under Social Work (Scotland) Act 1968

82

Amendment of section 37 of Social Work (Scotland) Act 1968

83

Amendment of section 40 of Social Work (Scotland) Act 1968

84

Part IV — Further Amendments of Law of England and Wales

Explanation of concepts

Parental rights and duties

85

• (1) In this Act, unless the context otherwise requires, “the parental rights and duties” means as respects a particular child (whether legitimate or not), all the rights and duties which by law the mother and father have in relation to a legitimate child and his property; and references to a parental right or duty shall be construed accordingly and shall include a right of access and any other element included in a right or duty.

• (2) Subject to section 1(2) of the Guardianship Act 1973 (which relates to separation agreements between husband and wife), a person cannot surrender or transfer to another any parental right or duty he has as respects a child.

• (3) Where two or more persons have a parental right or duty jointly, any one of them may exercise or perform it in any manner without the other or others if the other or, as the case may be, one or more of the others have not signified disapproval of its exercise or performance in that manner.

• (4) From the death of a person who has a parental right or duty jointly with one other person, or jointly with two or more other persons, that other person has the right or duty exclusively or, as the case may be, those other persons have it jointly.

• (5) Where subsection (4) does not apply on the death of a person who has a parental right or duty, that right or duty lapses, but without prejudice to its acquisition by another person at any time under any enactment.

• (6) Subsections (4) and (5) apply in relation to the dissolution of a body corporate as they apply in relation to the death of an individual.

• (7) Except as otherwise provided by or under any enactment, while the mother of an illegitimate child is living she has the parental rights and duties exclusively.

Legal custody

86

In this Act, unless the context otherwise requires, “legal custody” means, as respects a child, so much of the parental rights and duties as relate to the person of the child (including the place and manner in which his time is spent); but a person shall not by virtue of having legal custody of a child be entitled to effect or arrange for his emigration from the United Kingdom unless he is a parent or guardian of the child.

Actual custody

87

• (1) A person has actual custody of a child if he has actual possession of his person, whether or not that possession is shared with one or more persons.

• (2) While a person not having legal custody of a child has actual custody of the child he has the like duties in relation to the child as a custodian would have by virtue of his legal custody.

• (3) In this Act, unless the context otherwise requires, references to the person with whom a child has his home refer to the person who, disregarding absence of the child at a hospital or boarding school and any other temporary absence, has actual custody of the child.

Child in care of voluntary organisation

88

A child is in the care of a voluntary organisation if—

• (a) the organisation has actual custody of him, or

• (b) having had actual custody of him, the organisation has transferred that custody to an individual who does not have legal custody of him.

Amendment of Interpretation Act 1889

89

Reports in guardianship and matrimonial proceedings

Procedure in guardianship proceedings

90

• (1) The following subsections are substituted for subsections (2) and (3) of section 6 of the Guardianship Act 1973:—

(2) A report made in pursuance of subsection (1) above to a magistrates’ court shall be made to the court at a hearing of the application unless it is in writing in which case— (a) a copy of the report shall be given to each party to the proceedings or to his counsel or solicitor either before or during a hearing of the application; and (b) if the court thinks fit, the report, or such part of the report as the court requires, shall be read aloud at a hearing of the application. (3) A magistrates’ court may and, if requested to do so at the hearing by a party to the proceedings or his counsel or solicitor, shall, require the officer by whom the report was made to give evidence of or with respect to the matters referred to in the report and if the officer gives such evidence, any party to the proceedings may give or call evidence with respect to any such matter or any matter referred to in the officer’s evidence. (3A) A magistrates’ court may take account of— (a) any statement contained in a report made at a hearing of the application or of which copies have been given to the parties or their representatives in accordance with subsection (2)(a) above; and (b) any evidence given by the officer under subsection (3) above, in so far as the statement or evidence is, in the opinion of the court, relevant to the application, notwithstanding any enactment or rule of law to the contrary.

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• (2) The following subsection is added after subsection (5) of the said section 6—

(6) A single justice may request a report under subsection (1) of this section before the hearing of the application, but in such a case the report shall be made to the court which hears the application, and the foregoing provisions of this section shall apply accordingly.

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Procedure in matrimonial proceedings

91

Registration of births

Registration of births of abandoned children

92

The following section is inserted after section 3 of the Births and Deaths Registration Act 1953—

(3A) (1) Where the place and date of birth of a child who was abandoned are unknown to, and cannot be ascertained by, the person who has charge of the child, that person may apply to the Registrar General for the child’s birth to be registered under this section. (2) On an application under this section the Registrar General shall enter in a register maintained at the General Register Office— (a) as the child’s place of birth, if the child was found by the applicant or by any person from whom (directly or indirectly) the applicant took charge of the child, the registration district and sub-district where the child was found, or, in any other case, where the child was abandoned; (b) as the child’s date of birth, the date which, having regard to such evidence as is produced to him, appears to him to be the most likely date of birth of the child, and (c) such other particulars as may be prescribed. (3) The Registrar General shall not register a child’s birth under this section if— (a) he is satisfied that the child was not born in England or Wales ; or (b) the child has been adopted in pursuance of a court order made in the United Kingdom, the Isle of Man or the Channel Islands; or (c) subject to subsection (5) below, the child’s birth is known to have been previously registered under this Act. (4) If no entry can be traced in any register of births relating to a person who has attained the age of 18 and has not been adopted as aforesaid, that person may apply to the Registrar General for his birth to be registered under this section. (5) On the application of— (a) a person having the charge of a child whose birth had been registered under this Act by virtue of the proviso to section I of this Act (as originally enacted), or (b) any such child who has attained the age of 18 years, the Registrar General shall re-register the birth of the child under this section, and shall direct the officer having custody of the register of births in which the entry relating to the child was previously made to enter in the margin of the register a reference to the re-registration of the birth.

Registration of father of illegitimate child

93

• (1) At the end of paragraph (b) of section 10 of the Births and Deaths Registration Act of 1953 (which makes provision for the registration of fathers of illegitimate children) there is added

or (c) at the request of the mother (which shall be made in writing) on production of— (i) a certified copy of an order made under section 4 of the Affiliation Proceedings Act 1957 naming that person as the putative father of the child, and (ii) if the child has attained the age of 16 years, the written consent of the child to the registration of that person as his father.

• (2) After the said section 10 there is inserted the following section—

(10A) (1) Where the birth of an illegitimate child has been registered under this Act but no person has been registered as the child’s father, the registrar shall re-register the birth so as to show a person as the father— (a) at the joint request of the mother and of that person ; or (b) at the request of the mother on production of— (i) a declaration in the prescribed form made by the mother stating that that person is the father of the child ; and (ii) a statutory declaration made by that person acknowledging himself to be the father of the child ; or (c) at the request of the mother (which shall be made in writing) on production of— (i) a certified copy of an order made under section 4 of the Affiliation Proceedings Act 1957 naming that person as the putative father of that child, and (ii) if the child has attained the age of 16 years, the written consent of the child to the registration of that person as his father ; but no birth shall be re-registered under this section except in the prescribed manner and with the authority of the Registrar General. (2) On the re-registration of a birth under this section— (a) the registrar and the mother shall sign the register ; (b) in the case of a request under paragraph (a) of subsection (1) of this section, the other person making the request shall also sign the register; and (c) if the re-registration takes place more than three months after the birth, the superintendent registrar shall also sign the register.

• (3) In section 9 of the said Act of 1953 (which enables information required to be given to the registrar to be given to other persons) after subsection (3) there are added the following subsections—

(4) A request made under section 10 of this Act may be included in a declaration under subsection (1) of this section, and, if the request is made under paragraph (b) or (c) of that section, the documents required by that paragraph to be produced shall be produced to the officer in whose presence the declaration is made and sent by him with the declaration to the registrar. (5) A request made under section 10A of this Act instead of being made to the registrar may be made by making and signing in the presence of and delivering to a prescribed officer a statement in the prescribed form and producing to the officer any documents required to be produced by that section, and— (a) the officer shall send the request together with those documents, if any, to the registrar who shall with the authority of the Registrar General re-register the birth as if the request had been made to him; and (b) the person or persons who sign the statement shall be deemed to have signed the register as required by subsection (2) of that section.

.

Extent of Part IV

Extent of Part IV

94

This Part does not extend to Scotland.

Part V — Miscellaneous and Supplemental

Foster children

Visiting of foster children

95

Notification by parents

96

• (1) The following section is inserted in the Children Act 1958 after section 3—

(3A) (1) The Secretary of State may by regulations made by statutory instrument make provision for requiring parents whose children are or are going to be maintained as foster children to give to the local authority for the area where the children are, or are going to be, living as foster children, such information about the fostering as may be specified in the regulations. (2) Regulations under this section— (a) may include such incidental and supplementary provisions as the Secretary of State thinks fit; (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament

.

• (2) In section 14 of the said Act (offences), in subsection (1)(a), after the words " this Part of this Act" there are inserted the words " or under regulations made under section 3A of this Act.

Advertisements relating to foster children

97

• (1) In section 37 of the Children Act 1958 the following subsections are inserted after subsection (1)—

(1A) The Secretary of State may by regulations prohibit the parent or guardian of any child from publishing or causing to be published an advertisement indicating that foster parents are sought for the child. (1B) The Secretary of State may by regulations prohibit— (a) a member of a class of persons specified in the regulations, or (b) a person other than a person, or other than a member of a class of persons, specified in the regulations, from publishing or causing to be published any advertisement indicating that he is willing to undertake, or to arrange for, the care and maintenance of a child. (1C) Regulations made under this section— (a) may make different provision for different cases or classes of cases, and (b) may exclude certain cases or classes of cases, and shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

.

• (2) In subsection (2) of the said section 37, after the words " this section " there are inserted the words " or of regulations made under this section ".

Inquiries

Inquiries in England and Wales

98

Inquiries in Scotland

99

Supplemental

Courts

100

Appeals etc.

101

• (1) Where any application has been made under this Act or the relevant adoption provisions to a county court, the High Court may, at the instance of any party to the application, order the application to be removed to the High Court and there proceeded with on such terms as to costs as it thinks proper.

• (2) Subject to subsection (3), where on an application to a magistrates’ court under this Act or the relevant adoption provisions the court makes or refuses to make an order, an appeal shall lie to the High Court.

• (3) Where an application is made to a magistrates’ court under this Act or the relevant adoption provisions, and the court considers that the matter is one which would more conveniently be dealt with by the High Court, the magistrates’ court shall refuse to make an order, and in that case no appeal shall lie to the High Court.

(4) Any order made on an appeal under subsection (2) from a decision of a magistrates’ court on an application under Part II (other than an order directing that an application shall be re-heard by a magistrates’ court) shall for the purposes of the enforcement of the order and for the purposes of sections 35, 35A and 36 be treated as if it were an order of the magistrates’ court from which the appeal was brought and not of the High Court.

(5) In this section “the relevant adoption provisions” means sections 34, 34A and 35(2) of the Adoption Act 1958.

Evidence of agreement and consent

102

Panel for guardians ad litem and reporting officers

103

Saving for powers of High Court

104

Nothing in this Act shall restrict or affect the jurisdiction of the High Court to appoint or remove guardians, or otherwise in respect of children.

Periodic review of Act

105

Regulations and orders

106

• (1) Where a power to make regulations or orders is exercisable by the Secretary of State by virtue of this Act, regulations or orders made in the exercise of that power shall be made by statutory instrument and may—

• (a) make different provision in relation to different cases or classes of case, and

• (b) exclude certain cases or classes of case.

• (2) A statutory instrument containing regulations made by the Secretary of State under section 103 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Any power conferred on the Secretary of State by this Act to make orders includes a power to vary or revoke an order so made.

Interpretation

107

• (1) In this Act, unless the context otherwise requires—

• . . .

• ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . .

• . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . .

• . . .

• . . .

• . . .

• . . .

• . . .

• . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments, repeals, commencement and transitory provisions

108

• (1) Subject to the following provisions of this section

• (a) the enactments specified in Schedule 3 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act), and

• (b) the enactments specified in Schedule 4 are repealed to the extent shown in column 3 of that Schedule.

• (2) This Act, except the provisions specified in subsections (3) and (4), shall come into force on such date as the Secretary of State may by order appoint and different dates may be appointed for, or for different purposes of, different provisions.

• (3) Sections 71, 72 and 82, this section, section 109 and paragraph 57 of Schedule 3 shall come into force on the passing of this Act.

• (4) The following provisions of this Act shall come into force on 1st January 1976—

• (a) sections 3, 8(9) and (10), 13, 59, 83 to 91, 94, 98, 99, 100 and 103 to 107;

• (b) Schedules 1 and 2;

• (c) in Schedule 3, paragraphs 1, 2, 3, 4, 6, 8, 9, 13(6), 15, 17, 18, 19, 20, 21(1) (2) and (4), 22 to 25, 27(b), 29, 33, 34(b), 35, 36(b), 38, 39(c) (d) and (e), 40, 43, 48, 49, 51(a), 52(f)(ii) and (g)(ii), 54, 55, 58 to 63, 65 to 70, 75(3), 77, 78, 81 and 83;

• (d) Parts I, II and III of Schedule 4.

• (5) Until the date appointed under subsection (2) or sections 4 to 7, in this Act and in the 1958 Act “adoption agency” means a local authority or a registered adoption society within the meaning of the 1958 Act.

• (6) Until the date so appointed for section 12, section 5(1) of the 1958 Act shall, in relation to an application made after 31st December 1975 for an adoption order, have effect with the addition at the end of paragraph (b) of the following words

or (c) has seriously ill-treated the child and that (whether because of the ill-treatment or for other reasons) the rehabilitation of the child within the household of that person is unlikely.

• (7) Until the date so appointed for section 18, section 21A of the Children and Young Persons Act 1969 shall have effect as if for references to section 25 there were substituted references to section 53 of the 1958 Act.

• (8) An order under subsection (2) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force or any provision of the 1958 Act as appear to him to be necessary or expedient in consequence of the partial operation of this Act.

Short title and extent

109

• (1) This Act may be cited as the Children Act 1975.

• (2) This Act, except—

• (a) section 68;

• (b) paragraphs 10, 11 . . . of Schedule 3;

• (c)

does not extend to Northern Ireland.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

Part I — Interpretation

1

• (1) This Part applies for the construction of this Schedule, except where the context otherwise requires.

• (2) “Adoption” means adoption—

• (a) by an adoption order as defined in section 107,

• (b) by an adoption order made under the 1958 Act or the Adoption Act 1950 or any enactment repealed by the Adoption Act 1950

• (c) by an order made in Northern Ireland, the Isle of Man or in any of the Channel Islands,

• (d) which is an overseas adoption as defined by section 4(3) of the Adoption Act 1968, or

• (e) which is an adoption recognised by the law of England and Wales, and effected under the law of any other country.

and cognate expressions shall be construed accordingly.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) This definition of adoption includes, where the context admits, an adoption effected before the passing of this Act, and the date of an adoption effected by an order is the date of the making of the order.

• (5) “Existing”, in relation to any enactment or other instrument, means one passed or made before 1st January 1976 (and whether or not before the passing of this Act).

• (6) The death of the testator is the date at which a will or codicil is to be regarded as made.

Dispositions of property

2

• (1) In this Schedule—

• “disposition” includes the conferring of a power of appointment and any other disposition of an interest in or right over property;

• “power of appointment” includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.

• (2) This Schedule applies to an oral disposition of property as if contained in an instrument made when the disposition was made.

Part II — Adoption Orders

Status conferred by adoption

3

• (1) An adopted child shall be treated in law—

• (a) where the adopters are a married couple, as if he had been born as a child of the marriage (whether or not he was in fact born after the marriage was solemnized);

• (b) in any other case, as if he had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).

• (2) An adopted child shall be treated in law as if he were not the child of any person other than the adopters or adopter.

• (3) It is hereby declared that this paragraph prevents an adotped child from being illegitimate.

• (4) This paragraph has effect—

• (a) in the case of an adoption before 1st January 1976, from that date, and

• (b) in the case of any other adoption, from the date of the adoption.

• (5) Subject to the provisions of this Part, this paragraph applies for the construction of enactments or instruments passed or made before the adoption or later, and so applies subject to any contrary indication.

• (6) Subject to the provisions of this Part, the paragraph has effect as respects things done, or events occurring, after the adoption, or after 31st December 1975, whichever is the later.

Vocabulary

4

A relationship existing by virtue of paragraph 3 may be referred to as an adoptive relationship, and—

• (a) a male adopter may be referred to as the adoptive father;

• (b) a female adopter may be referred to as the adoptive mother;

• (c) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree,

but this paragraph does not prevent the term “parent”, or any other term not qualified by the word “adoptive”, being treated as including an adoptive relative.

Instruments and enactments concerning property

5

• (1) Paragraph 3—

• (a) does not apply to an existing instrument or enactment so far as it contains a disposition of property, and

• (b) does not apply to any public general Act in its application to any disposition of property in an existing instrument or enactment.

• (2) The repeal by this Act of sections 16 and 17 of the 1958 Act, and of provisions containing references to those sections, does not affect their application in relation to a disposition of property effected by an existing instrument.

• (3) For the purposes of this paragraph, and of paragraph 6, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

6

• (1) Subject to any contrary indication, the rules of construction contained in this paragraph apply to any instrument, other than an existing instrument, so far as it contains a disposition of property.

• (2) In applying paragraph 3(1) to a disposition which depends on the date of birth of a child or children of the adoptive parent of parents, the disposition shall be construed as if—

• (a) the adopted child had been born on the date of adoption,

• (b) two or more children adopted on the same date had been born on that date in the order of their actual births,

but this does not affect any reference to the age of a child.

• (3) Examples of phrases in wills on which sub-paragraph (2) can operate are—

Note. Sub-paragraph (2) will not affect the reference to the age of 21 years in example 2.

• (4) Paragraph 3(2) does not prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.

• (5) Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child, it shall be presumed that once a woman has attained the age of fifty-five she will not adopt a child after execution of the instrument, and notwithstanding paragraph 3 if she does so the child shall not be treated as her child or as the child of her spouse (if any) for the purposes of the instrument.

• (6) In this paragraph “instrument” includes a private Act settling property, but not any other enactment.

• (7) Paragraph 3(6) has effect subject to this paragraph.

Other enactments and instruments

7

• (1) Paragraph 3 does not apply for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 1949 or sections 10 and 11 (incest) of the Sexual Offences Act 1956.

• (2) Paragraph 3 does not apply for the purposes of any provision of—

• (a) the British Nationality Act 1981,

• (b) the Immigration Act 1971,

• (c) any instrument having effect under an enactment within paragraph (a) or (b), or

• (d) any other provision of the law for the time being in force which determines British citizenship, British Dependent Territories citizenship [, the status of a British National (Overseas)] or British Overseas citizenship.

• (3) Paragraph 3 shall not prevent a person being treated as a near relative of a deceased person for the purposes of section 32 of the Social Security Act 1975 (payment of death grant), if apart from paragraph 3 he would be so treated.

• (4) Paragraph 3 does not apply for the purposes of section 70(3)(b) or section 73(2) of the Social Security Act 1975 (payment of industrial death benefit to or in respect of an illegitimate child of the deceased and the child’s mother).

• (5) Subject to regulations made under section 72 of the Social Security Act 1975 (entitlement of certain relatives of deceased to industrial death benefit), paragraph 3 shall not affect the entitlement to an industrial death benefit of a person who would, apart from paragraph 3, to treated as a relative of a deceased person for the purposes of the said section 72.

Pensions

8

Paragraph 3(2) does not affect entitlement to a pension which is payable to or for the benefit of a child and is in payment at the time of his adoption.

Adoption of child by natural parents

9

In the case of a child adopted by one of its natural parents as sole adoptive parent, paragraph 3(2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship

Peerages, etc.

10

An adoption does not affect the descent of any peerage or dignity or title of honour.

Insurance

11

Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, the rights and liabilities under the policy shall by virtue of the adoption be transferred to the adoptive parents who shall for the purposes of the enactments relating to such societies and companies be treated as the person who took out the policy.

Part III

Instruments concerning property

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legitimation of adopted child

13

• (1) Paragraph 3 does not prevent an adopted child being legitimated under the Legitimacy Act 1926 if either natural parent is the sole adoptive parent.

• (2) Where an adopted child (with a sole adoptive parent) is legitimated—

• (a) paragraph 3(2) shall not apply after the legitimation to the natural relationship with the other natural parent, and

• (b) revocation of the adoption order in consequence of the legitimation shall not affect Part II as it applies to any instrument made before the date of legitimation.

Part IV — Supplemental

Dispositions depending on date of birth

14

• (1) Where a disposition depends on the date of birth of a child who was born illegitimate and who—

• (a) is adopted by one of the natural parents as sole adoptive parent,

• (b) . . .

paragraph 6(2) and paragraph 12(4) do not affect entitlement under Part II of the Family Law Reform Act 1969 (illegitimate children).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) This paragraph applies for example where—

• (a) a testator dies in 1976 bequeathing a legacy to his eldest grandchild living at a specified time,

• (b) his daughter has an illegitimate child in 1977 who is the first grandchild,

• (c) his married son has a child in 1978,

• (d) subsequently the illegitimate child is adopted by the mother as sole adoptive parent . . . .

and in all those cases the daughter’s child remains the eldest grandchild of the testator throughout.

Protection of trustees and personal representatives

15

• (1) A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any propery, whether—

• (a) any adoption has been effected or revoked,

• (b) . . .

if that fact could affect entitlement to the property.

• (2) A trustee or personal representative shall not be liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.

• (3) This paragraph does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

Property devolving with peerages, etc.

16

• (1) This Schedule shall not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity of title of honour.

• (2) This paragraph applies only if and so far as a contrary intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument.

Entails

17

It is hereby declared that references in this Schedule to dispositions of property include references to a disposition by the creation of an entailed interest.

Part V — Extent

18

This Schedule does not apply to Scotland.

SCHEDULE 2

General

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insurance

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Succession and Property

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 24 of the said Act of 1964 (provisions supplementary to section 23), after subsection (1) there is inserted the following subsection—

(1A) Where, in relation to any purpose specified in section 23(1) of this Act, any right is conferred or any obligation is imposed, whether by operation of law or under any deed coming into operation after the commencement of the Children Act 1975, by reference to the relative seniority of the members of a class of persons, then, without prejudice to any entitlement under Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 of an illegitimate child who is adopted by one of his parents, (a) any member of that class who is an adopted person shall rank as if he had been born on the date of his adoption, and (b) if two or more members of the class are adopted persons whose dates of adoption are the same, they shall rank as between themselves in accordance with their respective times of birth.

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption and Legitimation

6

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Section 1 of the Legitimation (Scotland) Act 1968, (requirements and effects of legitimation) is renumbered subsection (1) and at the end there is added the following subsection—

(2) Subsection (1) above shall apply in relation to an illegitimate person who has been adopted by one of his natural parents as sole adoptive parent, where the adopter thereafter marries the other natural parent, as it applies in relation to any illigitimate person, to the effect of rendering that person the legitimate child of both natural parent; and in this Act “illegitimate”, “ligitimated” and cognate expressions shall be construed accordingly.

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

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

1

In 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)

2

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

Education Act 1944 (c. 31)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1948 (c. 43)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In 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,

.

6

In 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)

7

In 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”.

8

In 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”.

9

In 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)

10

In 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”.

11

In 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)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 1OA”.

• (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)

14

In 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)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

16

In 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”.

17

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18

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19

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

20

In 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

In 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.

23

In 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.

.

24

In 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 ".

25

In 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

26

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

27

In 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.

28

In 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 ".

29

In 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 ".

30

In 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.

31

In 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.

.

32

In 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 ".

33

In 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 ".

34

In 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 ".

35

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

36

In 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 ".

37

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

38

For section 56 there is substituted the following section—

(56) (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.

39

In 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 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 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.

,

40

After 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)

41

In 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)

42

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

Perpetuities and Accumulations Act 1964 (c. 55)

43

In 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)

44

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45

In 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)

46

For 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.

47

For 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)

48

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

(h) the Children Act 1975,

.

49

For 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.

.

50

In 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) ;

.

51

In 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.

.

52

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53

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54

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55

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56

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57

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58

In 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.

.

59

In 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.”.

60

In section 7, for the words “one hundred pounds” there is substituted “£400”.

Adoption Act 1968 (c. 53)

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62

In 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).

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

In 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)

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54)

67

In 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 ;

68