Section 64 Transfer of parental rights and duties to voluntary organisations.

England and Wales

(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 3(1) of this Act 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) below, 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) above whether the condition specified in section 3(1)(b)(i) of this Act 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) above 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—

(a)

the right to consent or refuse to consent to the making of an application under section 18 of the M1Adoption Act 1976 (orders freeing a child for adoption in England and Wales) or section 18 of the M2Adoption (Scotland) Act 1978 (orders freeing a child for adoption in Scotland) and

(b)

the right to agree or refuse to agree to the making of an adoption order or an order under section 55 of the Adoption Act 1976 (orders in England and Wales authorising adoption abroad) or section 49 of the Adoption (Scotland) Act 1978 (orders in Scotland authorising adoption abroad),

and regulations made under section 62 of this Act 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)

Section 5(2) of this Act shall apply in relation to a resolution under subsection (1) above as if it were a resolution under section 3 of this Act.

Annotations

Marginal citations

M1: 1976 c. 36.
M2: 1978 c. 28.

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.