Section 5 Power of court to appoint guardian for minor having no parent etc.

England and Wales

(1)

Where a minor has no parent, no guardian of the person, and no other person having parental rights with respect to him, the court, on the application of any person, may, if it thinks fit, appoint the applicant to be the guardian of the minor.

(2)

A court may entertain an application under this section to appoint a guardian of a minor notwithstanding that, by virtue of a resolution under F1section 3 of the Child Care Act 1980, a local authority have parental rights with respect to him; . . . F2

Annotations

Textual amendments

F1: Words substituted by Child Care Act 1980 (c. 5, SIF 20), S. 89, Sch. 5 para. 30
F2: Words repealed by Children Act 1975 (c. 72, SIF 49:9), s. 108, Sch. 4 Pt. V

Notes on the whole Act

Textual amendments

F1: Act repealed (EW NI) (14.10.1991) by Childrens Act 1989 (c. 41 , SIF20), s.108(7), Sch.15;SI 1991/828, art.3(2)