Section 50 Application by local authority for affiliation order.
England and Wales
Subject to the provisions of subsection (2) below, where—
an illegitimate child is in the care of a local authority under section 2 of this Act, or
an illegitimate child is in the care of a local authority by virtue of a care order (other than an interim order),
and no affiliation order has been made in respect of the child, the local authority whose area includes the place where the mother of the child resides may apply to a magistrates’ court appointed for the commission area which includes that place for a summons to be served under section 1 of the M1Affiliation Proceedings Act 1957.
No application shall be made under subsection (1) above—
in a case falling within paragraph (a) of that subsection, after the expiration of three years from the time when the child was received or last received into the care of the local authority or of another local authority from whom the care of the child was taken over by the first mentioned authority;
in a case falling within paragraph (b) of that subsection, after the expiration of three years from the coming into force of the care order.
In any proceedings on an application under subsection (1) above the court shall hear such evidence as the local authority may produce, and shall in all other respects, but subject to the provisions of subsection (4) below, proceed as on an application made by the mother under section 1 of the M2Affiliation Proceedings Act 1957.
An order made under section 4 of the Affiliation Proceedings Act 1957 on an application under subsection (1) above shall provide that the payments to be made under the order shall, in lieu of being made to the mother or a person appointed to have the custody of the child, be made to the local authority who are from time to time entitled under section 45(2) of this Act to receive contributions in respect of the child.
Where in accordance with section 49(6) of this Act an affiliation order has ceased to be in force, and but for that subsection the order would still be in force, then if the condition specified in paragraph (a) or (b) of subsection (1) above is fulfilled, the local authority whose area includes the place where the putative father of the child resides may make application to a magistrates’ court appointed for the commission area which includes that place—
for the affiliation order to be revived, and
for payments thereunder to be made to the local authority who are from time to time entitled under section 45(2) of this Act to receive contributions in respect of the child,
and the court may make an order accordingly.
Subsections (4) to (7) of section 49 of this Act shall apply in relation to an order made on an application under subsection (1) above or to an affiliation order revived under subsection (5) above as if it were an affiliation order in respect of which an order had been made under subsection (1) or (2) of that section.
Annotations
Marginal citations
- M1
- M2
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.