Children Act 1975

• (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

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

18

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

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

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

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

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

53

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

54

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

55

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

56

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

57

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

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

The following section is inserted after section 11—

(11A) 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.

69

In 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 satisfied that, whether through the making of a supervision order or otherwise, he will receive that care or control.

;

• (b) in subsection (3) for “the preceding subsection” there is substituted “subsection (2) of this section”.

70

The following section is inserted after section 21—

(21A) 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.

71

In 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 considerations 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.

72

In 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 I 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—

(12) An 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)

74

In Schedule 1—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the following is inserted at the end—

Children Act 1975 (c. 72)
Part I ...	Maintenance 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 II ...	Application 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(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”.

Attachment of Earnings Act 1971 (c. 32)

76

In 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—

(12) An 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)

77

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

Matrimonial Causes Act 1973 (c. 18)

78

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

79

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

or (b) 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).

81

In 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)

82

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

Housing Act 1974 (c. 44)

83

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

SCHEDULE 4

Part I — Status of Adopted Child

Part II — Legitimation

Part III — Miscellaneous

Part IV — Adoption Orders

Part V — Children in care of Local Authorities

Part VI — Registration of Births

Part VII — Adoption Agencies

Part VIII — Adoption: Evidence of Agreement & Guardians Ad Litem

Part IX — Inquiries etc. by Adoption Agencies

PART X — Grants etc. for Voluntary Organisations

PART XI — Protected Children

PART XII — Custodianship

Custodianship orders.

34A

• (1) The court, in deciding whether to exercise its powers under section 34(1)(b) or (c) and, if so, in what manner, shall have regard to all the circumstances of the case including the following matters, that is to say—

• (a) the income, earning capacity, property and other financial resources of each parent and of the custodian;

• (b) the financial needs, obligations and responsibilities of each parent and of the custodian;

• (c) the financial needs of the child;

• (d) the income, earning capacity (if any), property and other financial resources of the child;

• (e) any physical or mental disability of the child.

• (2) The court in deciding whether to exercise its powers under section 34(1)(b) or (c) against a person who is not the child’s mother or father and, if so, in what manner, shall, in addition to the matters mentioned in subsection (1), have regard (among the circumstances of the case)—

• (a) to whether that person had assumed any responsibility for the child’s maintenance and, if he did, to the extent to which and the basis on which he assumed that responsibility and to the length of time during which he discharged that responsibility;

• (b) to whether in assuming and discharging that responsibility he did so knowing that the child was not his own child;

• (c) to the liability of any other person to maintain the child.

• (3) In subsection (1)—

• (a) references to a parent of a child include any person in relation to whom the child was treated as a child of the family (as defined in section 52(1) of the Matrimonial Causes Act 1973);

• (b) the reference in paragraph (a) to income, earning capacity, and other financial resources includes the income, earning capacity, property and other financial resources which the person concerned is likely to have in the foreseeable future; and

• (c) the reference in paragraph (b) to financial needs, obligations and responsibilities includes the financial needs, obligations and responsibilities which the person concerned is likely to have in the foreseeable future.

34B

• (1) The term to be specified in an order made under section 34(1)(b) in favour of a child may begin with the date of the making of an application for the order in question or any later date but—

• (a) shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (that is to say, the age that is for the time being that limit by virtue of section 35 of the Education Act 1944 together with any Order in Council made under that section) unless the court thinks it right in the circumstances of the case to specify a later date; and

• (b) shall not in any event, subject to subsection (2) below, extend beyond the date of the child’s eighteenth birthday.

• (2) Paragraph (b) of subsection (1) shall not apply in the case of a child if it appears to the court that—

• (a) the child is, or will be, or if an order were made without complying with that paragraph would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or

• (b) there are special circumstances which justify the making of an order without complying with that paragraph.

• (3) Any order made under section 34(1)(b) in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

35A

• (1) Without prejudice to the generality of section 34(1)(c), an order under that section for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the child before the making of the order to be met.

• (2) The amount of any lump sum required to be paid by an order made by a magistrates’ court under section 34(1)(c) shall not exceed £500 or such larger amount as the Secretary of State may from time to time by order fix for the purposes of this subsection.

Any order made by the Secretary of State under this subsection shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) The power of the court under section 35 to vary or revoke an order made under section 34(1)(b) shall include power to make an order under section 34(1)(c) for the payment of a lump sum by the child’s mother or father (or both).

• (4) The amount of any lump sum which the mother or father of the child may be required to pay by virtue of subsection (3) shall not, in the case of an order made by a magistrates’ court, exceed the maximum amount that may at the time of the making of the order be required to be paid under sub-section (2), but a magistrates’ court may make an order for the payment of a sum not exceeding that amount notwithstanding that the child’s mother or father was required to pay a lump sum by a previous order under this Part of this Act.

• (5) An order made under section 34(1)(c) for the payment of a lump sum may provide for the payment of that sum by instalments, and where such an order makes provision for the payment of a lump sum by instalments, an authorised court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying the number of instalments payable, the amount of any instalment payable and the date on which any instalment becomes payable.

• (6) References in this section to the mother or father of a child include any person in relation to whom the child was treated as a child of the family (as defined in section 52(1) of the Matrimonial Causes Act 1973).

43A

• (1) An authorised court, on making an order to which this subsection applies or at any time while such an order is in force, may by order direct, if an application is made under this section, that no person shall take the child to whom the order relates out of the United Kingdom, or out of any part of the United Kingdom specified in the order, except with the leave of the court.

• (1A) Subsection (1) applies to the following orders under this Part of this Act—

• (a) a custodianship order; and

• (b) an interim order under section 34(5) containing provision regarding legal custody.

• (2) An authorised court may by order vary or revoke any order made under this section.

• (3) An application for an order under subsection (1), or for the variation or revocation of such an order, may be made by the mother or father of the child or by the custodian.

Substitution of s. 2 of Chidren Act 1948.

Duty of local authority to assume parental rights and duties.

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

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

Extent of Part IV.

Short title and extent.

Short title and extent.

Status conferred by adaption

Succession of Property

The repeals of sections 16 and 17 of the 1958 Act, and of provisions containing references to those sections, have effect subject to paragraph 5(2) of Schedule 1, and the other repeals in this Part have effect as respect things done, or events occurring, after 31st December 1975.

Part Xl — Protected Children

Part Xll — Custodianship

Editorial notes