Section 5 Duration and rescission of resolutions under s. 3.
England and Wales
Subject to the provisions of this Part of this Act, a resolution under section 3 of this Act shall continue in force until the child with respect to whom it was passed attains the age of 18.
A resolution under section 3 of this Act shall cease to have effect if—
the child is adopted;
a guardian of the child is appointed under section 5 of the M3Guardianship of Minors Act 1971.
A resolution under section 3 of this Act may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.
On a complaint being made—
in the case of a resolution passed by virtue of section 3(1)(a) of this Act, by a person claiming to be a parent, guardian or custodian of the child;
in the case of a resolution passed by virtue of section 3(1)(b), (c) or (d) of this Act, by the person who, but for the resolution, would have the parental rights and duties in relation to the child,
a juvenile court having jurisdiction where the complainant resides, if satisfied that there was no ground for the making of the resolution or that the resolution should in the interests of the child be determined, may by order determine the resolution, and the resolution shall thereupon cease to have effect.
Annotations
Marginal citations
- M1
- M2
- M3
Notes on the whole Act
Textual amendments
- F1
Act repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 21(1), 27(4) 31, 36(3)(b) with saving for ss. 16(1) and 24 in Sch. 14 paras. 23 and 28); S.I. 1991/828, art. 3(2). (Certain provisions of this Act are expressed to be amended (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para. 40(2); S.I. 1992/333, art. 2(2), Sch. 2.