Children Act 1975

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

[^c1077984]: Act repealed (E.W.)(N.I.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 para. 1(1), 27(4) and a saving for s. 68(4)(5) and (7) in Sch. 14 para. 38(a)); S.I. 1991/828, art. 3(2)

[^c1077985]: Act in force at Royal Assent

[^c1077986]: Pt. I (Ss. 1–32) repealed (S.) by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 2 para. 3(5), Sch. 4 and repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Sch. 4

[^c1077989]: Words repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1)(2), Sch. 1 para. 19, Sch. 2

[^c1077990]: 1973 c. 18(49:3).

[^c1077991]: 1973 c. 18(49:3).

[^c1077992]: 1971 c. 3(49:9).

[^c1077993]: S. 33(9A) inserted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 60

[^c1077994]: S. 34 substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 64, Sch. 1

[^c1077995]: 1973 c. 18(49:3).

[^c1077996]: S. 34(3)(4) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 61(2), Sch. 4

[^c1077997]: Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 61(3)

[^c1077998]: 1973 c. 29(49:10).

[^c1077999]: 1971 c. 3(49:9).

[^c1078001]: 1973 c. 29(49:10).

[^c1078002]: Ss. 34A, 34B inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 65, Sch. 1

[^c1078003]: 1973 c. 18(49:3).

[^c1078004]: 1944 c. 31(41:1).

[^c1078005]: Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 66(2), Sch. 1

[^c1078006]: Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 66(3), Sch. 1

[^c1078007]: S. 35(4A) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 66(4), Sch. 1

[^c1078008]: Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 66(5), Sch. 1

[^c1078009]: Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 66(6), Sch. 1

[^c1078010]: S. 35(7)–(11) added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 66(7), Sch. 1

[^c1078011]: S. 35(10)(10A) commencing “Where an order under” substituted (E.W.) (in force 1.4.1989 subject to a saving in S.I. 1989/382, art. 3 Sch. 2 para 2) for subsection (10) commencing “Where an order made” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 62

[^c1078012]: S. 35(10)(10A) commencing “Where an order under” substituted (E.W.) (in force 1.4.1989 subject to a saving in S.I. 1989/382, art. 3 Sch. 2 para 2) for subsection (10) commencing “Where an order made” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 62

[^c1078013]: Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

[^c1078014]: 1980 c. 45(82).

[^c1078016]: S. 35A inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 67, Sch. 1

[^c1078017]: 1973 c. 18(49:3).

[^c1078018]: S. 36(5)–(5C) substituted for s. 36(5) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 68, Sch. 1

[^c1078019]: S. 36(5A) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 63, Sch. 4

[^c1078020]: 1973 c. 29(49:10).

[^c1078021]: Words added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Sch. 1, Sch. 2 para. 46

[^c1078022]: Words “section 16” to “1976” substituted for words “section 12” and words “section 17(6)” to “Act” substituted for words “section 24(6)” (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Sch. 3 para. 19

[^c1078024]: 1976 c. 36(49:11).

[^c1078027]: Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 23

[^c1078028]: Words “section 9 (orders for custody)” expressed to be substituted (E.W.) for “section 9 (orders for custody and maintenance)” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 64

[^c1078030]: 1971 c. 3(49:9).

[^c1078031]: S. 37(4A) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 69, Sch. 1

[^c1078032]: 1978 c. 22(49:3).

[^c1078033]: 1973 c. 29(49:10).

[^c1078034]: 1971 c. 3(49:9).

[^c1078035]: 1973 c. 29(49:10).

[^c1078036]: Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 60(b)

[^c1078038]: Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

[^c1078039]: Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 60(b)

[^c1078041]: Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

[^c1078042]: 1980 c. 43(82).

[^c1078043]: Words substituted by virtue of Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Sch. 1, Sch. 2 para. 47 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

[^c1078044]: S. 43(3) appearing first substituted (E.W.) for s. 43(3) appearing second by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 65

[^c1078045]: 1980 c. 43 (82)

[^c1078046]: S. 43(3) appearing first substituted (E.W.) for s. 43(3) appearing second by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 65

[^c1078047]: S. 43A inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 70, Sch. 1

[^c1078048]: S. 43A(1)(1A) substituted for s. 43A(1) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 24

[^c1078049]: Words substituted by Family Law Act 1986 (c. 55, SIF 49:10), s. 35(1)

[^c1078050]: S. 45 repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 65, Sch. 4

[^c1078051]: 1957 c. 55(49:7).

[^c1078052]: Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Sch. 1, Sch. 2 para. 48(a)

[^c1078053]: Word inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Sch. 1, Sch. 2 para. 48(b)

[^c1078054]: Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 138

[^c1078055]: 1980 c. 43(82).

[^c1078056]: 1949 c. 101(82).

[^c1078084]: S. 47 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078090]: S. 48 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078094]: S. 49 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078097]: Words in s. 50 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(3) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078098]: Words in s. 50 substituted (1.10.2001) by 2001 asp 8, s. 71; S.S.I. 2001/304, art. 2(a)

[^c1078099]: 1994 c. 39.

[^c1078110]: Words in s. 51(1) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078111]: Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 25

[^c1078112]: S. 51(2) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078113]: Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

[^c1078114]: S. 51(5) added (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(c) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078118]: Words in s. 52 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078119]: Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 26

[^c1078126]: S. 53 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(6), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078127]: S. 54 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

[^c1078131]: Words in s. 55 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(7) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

[^c1078133]: Words added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(3)

[^c1078135]: Words added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(4)

[^c1078136]: 1986 c. 9(49:8).

[^c1077987]: Pt. II (Ss. 33–55) modified (E.W.) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), ss. 8(3), 12, Sch. 1

[^c1077988]: Pt II (Ss. 33–55) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(e)

[^c1078138]: The text of ss. 56–59, 72 and 93 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078137]: Ss. 56–59 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078139]: Ss. 56–59 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078140]: 1948 c. 43

[^c1078141]: Ss. 56–59 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078142]: The text of ss. 56–59, 72 and 93 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078143]: 1948 c. 43

[^c1078144]: Ss. 56–59 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078145]: The text of ss. 56–59, 72 and 93 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078146]: S. 60 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078147]: 1948 c. 43.

[^c1078148]: S. 61 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078149]: S. 62 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078150]: 1948 c. 43.

[^c1078151]: S. 63 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078152]: 1948 c. 43.

[^c1078153]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078154]: 1969 c.54

[^c1078155]: S. 65 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

[^c1078156]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078157]: 1968 c. 49

[^c1078158]: S. 67 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

[^c1078159]: 1963 c. 37(20).

[^c1078160]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078161]: 1969 c. 54.

[^c1078162]: 1969 c. 54(20).

[^c1078163]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078164]: 1975 c. 21.

[^c1078165]: S. 71 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), Sch. 6

[^c1078166]: The text of ss. 56–59, 72 and 93 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078167]: 1968 c. 49.

[^c1078168]: Words "in residential establishment." and s. 72(3) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 13:3), Sch. 10 Pt. I)

[^c1078172]: S. 73 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078174]: S. 74 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078177]: S. 75 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078180]: S. 76 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078182]: S. 77 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078184]: S. 78 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078187]: S. 79 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078189]: S. 80 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078192]: S. 81 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078194]: S. 82 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078196]: S. 83 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078199]: S. 84 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078200]: 1973 c. 29(49:10).

[^c1078201]: Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

[^c1078202]: S. 89 repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3 and repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078203]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078204]: 1973 c. 29.

[^c1078205]: S. 91 repealed by Domestic Proceedings and Magistrates' Court Act 1978 (c. 22, SIF 49:3), Sch. 3

[^c1078206]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078207]: 1953 c. 20.

[^c1078208]: S. 93(1)(2) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

[^c1078209]: The text of ss. 56–59, 72 and 93 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078210]: 1953 c. 20.

[^c1078211]: Ss. 95–97 repealed (E.W.) by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3 and (S.) by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), Sch. 3

[^c1078212]: S. 98 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6

[^c1078239]: S. 99 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 28(6), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078253]: S. 100 repealed (1.4.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078254]: S. 101(1) repealed (E.W.) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 47, Sch. 3

[^c1078255]: Words inserted (E.W.) by virtue of Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3) Schs. 1, 2 para. 49 and Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 27(a)(i)

[^c1078256]: Words inserted (E.W.) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 27(a)(ii)

[^c1078258]: S. 101(4) added (E.W.) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 71, Sch. 1

[^c1078259]: S. 101(5) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 27(b)

[^c1078260]: 1958 c. 5(49:11).

[^c1078263]: S. 102 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078278]: S. 103 repealed (22.1.2002) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(8), Sch. 5 (with s. 103(1)) (which repeal was to come into force on 1.4.1997 by S.I. 1996/3201, art. 3(7) but the said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 4 with the result that the repeal in this section was excepted from the provisions to be brought into force); S.S.I. 2002/12, art. 2

[^c1078281]: S. 105 repealed (1.4.1997) by 1995 c. 36, ss. 102, 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078303]: S. 107 repealed except the definitions of “adoption society”, “child” and “voluntary organisation” (1.4.1997) by 1995 c. 36, ss. 105(4)(5), Sch. 4 para. 26(9), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

[^c1078306]: Definitions repealed (S.) by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 2 para. 3, Sch. 4 and (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Sch. 4

[^c1078323]: S. 107(2A) repealed by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), Sch. 2 para. 3, Sch. 3

[^c1078326]: The text of ss. 48(3)(4), 64, 66, 68, 70, 71, 73–84, 90, 92, 108(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c1078327]: Power of appointment conferred by s. 108(2) partly exercised; 1976/1744; 1977/227, 1036; 1978/1433, 1440; 1980/1475; 1981/1792; 1982/33; 1983/86; 107, 1946; 1984/554, 1702; 1985/779, 1557, 1987/1242

[^c1078328]: S. 108(5)(6) repealed (S.) by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66(3), Sch. 2 para. 3, Sch. 4

[^c1078329]: 1969 c. 54.

[^c1078330]: Words and para. (c) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

[^c1078332]: S. 109(3) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:31), Sch. 10 Pt. I

[^c1078335]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078336]: 1950 c. 26.

[^c1078337]: 1968 c. 53(49:11).

[^c1078338]: Sch. 1 paras. 1(3), 12, 13, 14(2) repealed by Legitimacy Act 1976 (c. 31, SIF 49:7), Sch. 2

[^c1078339]: Words substituted by Legitimacy Act 1976 (c. 31, SIF 49:7), Sch. 1 para. 7

[^c1078341]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078334]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078343]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078344]: Sch. 1 para. 3 restricted by Legitimacy Act 1976 (c. 31, SIF 49:7), s. 4 and excluded by S.I. 1975/515 reg. 2 (as substituted by S.I. 1985/1327 reg. 2)

[^c1078345]: Sch. 1 para. 3(2) excluded by Legitimacy Act 1976 (c. 31, SIF 49:7), s. 4

[^c1078346]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078347]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078348]: 1958 c. 5 (7 & 8 Eliz. 2)(49:11).

[^c1078349]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078350]: Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4

[^c1078351]: 1949 c. 76(49:1).

[^c1078352]: 1956 c. 69(39:5).