Section 75 Parent of a child subject to an approved school order or a committal order moving to Scotland.
United Kingdom
Where . . . F1F2the Secretary of State is satisfied that the parent of a child who is subject to an . . . training school order F3or an order under section 74(3) of this Act relating to a training school proposes to reside or is residing in Scotland, he may refer the case to the F4Principal Reporter and if the case is so referred the F5Principal Reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
Where a child has been committed to the care of a local authority in England or Wales F6by a care order (other than an interim order) within the meaning of the F7Children Act 1989 or an order under section 74(3) of this Act, or committed to the care of F8an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order underF9the said section 74(3) and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the Principal Reporter shall arrange a children’s hearing accordingly.
Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . training school order F10or order under the said section 74(3) relating to a training school or, as the case may be, of the order committing the child to the care of the local or F11other authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.
When a children’s hearing have disposed of a case referred to them under this section the order F12under the said section 74(3) or of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.
Annotations
Textual amendments
- F1
Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6
- F2
Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5)
- F3
Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1)
- F4
Words in s. 75(1) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(23); S.I. 1996/323, art. 4(1)(b)(c)
- F5
Words in s. 75(1)(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)
- F6
Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)
- F7
Words in s. 75(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.22; S.I. 1991/828, art. 3(2)
- F8
Words in s. 75(2) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(a); S.R. 1996/297, art. 3
- F9
Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)
- F10
Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3)
- F11
Words in s. 75(3) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(b); S.R. 1996/297, art. 3
- F12
Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4)
Modifications
- C1
S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1
Notes on Part V
Textual amendments
- F1
Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))