OpenLegislation

Guardianship Act 1973 (repealed 1.11.1996) in Scotland

1973 c. 29 · Enacted 5 July 1973 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 November 1996.

Annotations to the whole text

Textual amendments

F1

Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table

Contents

  1. Part I: England and Wales
  2. 9Consequential amendments, and repeals.
  3. Part II: Scotland
  4. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 11Jurisdiction and orders relating to care and custody of children.
  6. 12Provisions supplementary to section 11.
  7. 13Interpretation of Part II.
  8. 14Consequential amendments.
  9. Part III: General
  10. 15Short title, citation, extent and commencement.
  11. Schedule 4Schedule 4
  12. Schedule 5: Consequential Amendments Relating to Scotland
  13. 1—3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. 7Paragraph 7

9Consequential amendments, and repeals.C2

(1)

In the enactments mentioned in the following subsections there shall be made the amendments there provided for (being amendments consequential on the foregoing provisions of this Act); and the enactments mentioned in Schedule 3 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

(2)
(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

C1(3)

The following enactments, as amended by the M1Guardianship of Minors Act 1971 (which as so amended relate to the enforcement of orders under that Act for the payment of money) shall be further amended as follows:—

(a)

in the M2Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, in section 2(1)(d), after the words “the Guardianship of Minors Act 1971” there shall be inserted the words “or under section 2(4)(a) of the Guardianship Act 1973”;

(b)

in the M3Maintenance Orders Act 1950, in section 16(2)(a)(iii), and in the Administration of Justice Act 1970, in Schedule 8, in paragraph 4(a), and in the M4Attachement of Earnings Act 1971, in Schedule I, in paragraph 5(a), after the words “the Guardianship of Minors Act 1971” there shall in each case be inserted the words “or section 2(3) or 2(4)(a) of the Guardianship Act 1973”;

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 S

11Jurisdiction and orders relating to care and custody of children.C2 S

(1)

F1where an application relating to the custody of a child, other than an application to which Part II of the M1Matrimonial Proceedings (Children) Act 1958 applies, is made to a Court—

(a)

if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parents or to any other individual, the court may commit the care of the child to a specified local authority;

(b)

if by an order made on that application either parent or any other person (other than a local authority) is given the custody of the child, but it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of a local authority, the court may order that the child shall be under the supervision of a specified local authority, subject to any directions given by the court;

but any order made by virtue of the above paragraphs shall cease to have effect when the child attains the age of sixteen.

C1(2)

While an order made by virtue of this section committing the care of a child to a local authority is in force with respect to any child the child shall continue in the care of the local authority notwithstanding any claim by a parent or other person.

(3)

Where the court makes an order by virtue of subsection (1)(a) above committing the care of a child to a local authority, the court may make a further order requiring the payment by either parent to that authority while it has the care of the child of such weekly or other periodical sum towards the maintenance of the child as the court thinks reasonable having regard to the means of that parent.

(4)

Before making an order by virtue of subsection (1)(a) above, the court shall hear any representations from the local authority, including any representations as to the making of an order under subsection (3) above for payments to the authority.

(5)

On the making of an order by virtue of this section committing the care of a child to a local authority Part II of the M2Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—

(a)

the exercise by the local authority of their powers under or by virtue of sections 20 to 22 of that Act shall be subject to any directions given by the court; and

(b)

section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

12Provisions supplementary to section 11. S

(1)

Any order made by virtue of section 11 above may from time to time be varied or may be discharged by a subsequent order on the application of—

(a)

either parent, or

(b)

(after the death of either parent) any guardian . . . F1, or

(c)

any other person having custody of the child, or

(d)

the specified local authority having the care or supervision of the child.

2)(a)

F2Where any application, other than one to which Part II of the M1Matrimonial Proceedings (Children) Act 1958 applies, is made to a court, for custody of a child or for the variation or discharge of any order (including an order made by virtue of section 11 above) relating to the custody of a child, the court shall have power to appoint a specified local authority or an individual not being an officer of the local authority to investigate and report to the court on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child.

(b)

If on consideration of a report furnished in pursuance of this subsection the court, either ex proprio motu or on the application of any person concerned, thinks it expedient to do so, it may require the person who furnished the report to appear and be examined on oath regarding any matter dealt with in the report, and such person may be examined or cross-examined accordingly.

(c)

Any expenses incurred in connection with the preparation of a report by a local authority or other person appointed under this subsection shall form part of the expenses of the action and be defrayed by such party to the action as the court may direct, and the court may certify the amount of the expenses so incurred.

(3)

Each parent or guardian of a child for the time being in the care of a local authority by virtue of an order under section 11(1)(a) above shall give notice to the authority of any change of address of that parent or guardian and any person who without reasonable excuse fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding £10.

13Interpretation of Part II. S

(1)

In this Part of this Act—

  • “child” means a child under sixteen years of age;

  • F1 . . .

  • “specified local authority” means a local authority within the meaning of the M1Social Work (Scotland) Act 1968.

14Consequential amendments.C1 S

The enactments specified in Schedule 5 of this Act shall have effect subject to the amendments set out in the Schedule, being amendments consequential on the foregoing provisions of this Part of this Act.

15Short title, citation, extent and commencement.

(1)

This Act may be cited as the Guardianship Act 1973; and—

(a)

Part I of this Act and the M1Guardianship of Minors Act 1971 may be cited together as the Guardianship of Minors Acts 1971 and 1973; and

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)

Part I of this Act shall not extend to Scotland or to Northern Ireland, and Part II shall not extend to England and Wales or to Northern Ireland, except that each Part shall extend throughout the United Kingdom in so far as it amends section 16 of the M2Maintenance Orders Act 1950.

(3)

This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for the coming into force of different provisions.

Schedule 4F1 S

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

1—3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 S

4C1

In section 16(2)(b) of the M1 Maintenance Orders Act 1950, after sub-paragraph (vi) there shall be inserted the following sub-paragraph—

“(vii)

an order for the payment of weekly or other periodical sums under subsection (3) of section 11 of the Guardianship Act 1973;”.

5C1 S

In section 8(1)(d) of the M1Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, after “1925” there shall be inserted the words “ or under subsection (3) of section 11 of the Guardianship Act 1973 ”.

6C1 S

In section 8(1)(d) of the M1Law Reform (Miscellaneous Provisions) (Scotland) Act 1966, after “1958” there shall be inserted the words “ or by virtue of Part II of the Guardianship Act 1973 ”.

7C1 S

In section 2(2) of the M1Social Work (Scotland) Act 1968, in sub-paragraph (c), at the end there shall be added “ and sections 11 and 12 of the Guardianship Act 1973 ”.