SCHEDULES
FIRST SCHEDULE
Section 35
PROVISIONS AS TO CHILDREN AWAITING ADOPTION OR PLACED WITH STRANGERS
Meaning of protected child
1. Subject to the following provisions of this Schedule, where -
(a) arrangements are made for placing a child below the upper limit of the compulsory school age in the care and possession of a person who is not a parent, guardian or relative of his, and another person, not being a parent or guardian of his, takes part in the arrangements; or
(b) notice of intention to apply for an adoption order in respect of a child is given under paragraph (b) of subsection (6) of section two of the principal Act,
then, while the child is in the care and possession of the person first mentioned in sub-paragraph (a) of this paragraph or, as the case may be, of the person giving the notice mentioned in sub-paragraph (b) thereof, but is not a foster child within the meaning of Part I of this Act, he is a protected child within the meaning of this Schedule.
2. A child is not a protected child by reason of any such arrangements as are mentioned in sub-paragraph (a) of paragraph 1 of this Schedule if the Minister of Pensions and National insurance took part in them or if the child is only temporarily in the care and possession of the person first mentioned in that sub-paragraph, nor while the child is in the care of any person in any of the circumstances mentioned in subsections (2), (4) or (5) of section two of this Act or paragraphs (b) to (e) of subsection (3) of that section.
3. A child is not a protected child by reason of any such notice as is mentioned in sub-paragraph (b) of paragraph 1 of this Schedule while he is in an approved school or in the care of any person in any such school, home or institution as is mentioned in subsection (3) or subsection (5) of section two of this Act.
4. A protected child ceases to be a protected child on the making of an adoption order in respect of him or on his attaining the age of eighteen, whichever first occurs.
Duty of local authority to secure well-being of protected children
5. It shall be the duty of every local authority to secure that protected children within their area are visited from time to time by officers of the authority, who shall satisfy themselves as to the well-being of the children and give such advice as to their care and maintenance as may appear to be needed.
Power to inspect premises
6. Any officer of a local authority authorised to visit protected children may, after producing, if asked to do so, some duly authenticated document showing that be is so authorised, inspect any premises in the area of the authority in which such children are to be or are being kept.
[page 844]
Notices and information to be given to local authorities
7. Subject to paragraph 8 of this Schedule, where arrangements are made for the placing of a child in the care and possession of any person and by reason of the arrangements the child would be a protected child while in the care and possession of that person, every person taking part in the arrangements shall give notice in writing of the arrangements to the local authority for the area in which the person in whose care and possession the child is to be placed is living.
8. A notice under paragraph 7 of this Schedule need not be given by the person in whose care and possession the child is to be placed, nor by a parent or guardian of the child.
9. A notice under paragraph 7 of this Schedule shall be given not less than two weeks before the child is placed as mentioned in that paragraph, except that where the child is so placed in an emergency, the notice may be given not later than one week after the child is so placed.
10. Where a person who has a protected child in his care and possession changes his permanent address he shall, not less than two weeks before the change, or, if the change is made in an emergency, not later than one week after the change, give written notice specifying the new address to the local authority in whose area his permanent address is before the change, and if the new address is in the area of another local authority, the authority to whom the notice is given shall inform that other local authority and give them such of the particulars mentioned in paragraph 12 of this Schedule as are known to them.
;11. If a protected child dies, the person in whose care and possession he was at his death shall within forty-eight hours of the death give to the local authority notice in writing of the death.
12. A person who has or proposes to have a protected child in his care and possession shall at the request of the local authority, give them the following particulars, so far as known to him, that is to say, the name, sex and date and place of birth of the child, and the name and address of every person who is a parent or guardian or acts as a guardian of the child or from whom the child has been or is to be received.
Power of local authority to prohibit placing of child
13. Where arrangements are made for the placing of a child in the care and possession of any person, and by reason of the arrangements the child would be a protected child while in the care and possession of that person, then, if neither a registered adoption society nor a local authority took part in the arrangements and it appears to the authority to whom notice is to be given under paragraph 7 of this Schedule that it would be detrimental to the child to be kept by that person in the premises in which he proposes to keep him, they may by notice in writing given to that person prohibit him from receiving the child in those premises.
[page 845]
Appeal to juvenile court against prohibition under paragraph 13
14 (1) A person aggrieved by a prohibition imposed under paragraph 13 of this Schedule may, within fourteen days from the date on which he is notified of the prohibition, appeal to a juvenile court.
(2) The notice by which a prohibition is imposed under paragraph 13 of this Schedule shall contain a statement informing the person on whom it is imposed of his right to appeal against the prohibition and of the time within which he may do so.
(3) In the application of this paragraph to Scotland, for the reference to a juvenile court there shall be substituted a reference to the sheriff.
Removal of protected children from unsuitable surroundings
15 (1) If a juvenile court is satisfied, on the complaint of a local authority, that a protected child is being kept or is about to be received by any person who is unfit to have his care, or in contravention of any prohibition imposed by the local authority under paragraph 13 of this Schedule, or in any premises or any environment detrimental or likely to be detrimental to him, the court may make an order for his removal to a place of safety until he can be restored to a parent, relative or guardian of his, or until other arrangements can be made with respect to him; and on proof that there is imminent danger to the health or well-being of the child the power to make an order under this paragraph may be exercised by a justice of the peace acting on the application of a person authorised to visit protected children.
(2) An order under this paragraph may be executed by any person authorised to visit protected children or by any constable and may, notwithstanding anything in section six of the Sunday Observance Act, 1677, be executed on a Sunday.
(3) A local authority may receive into their care under section one of the Children Act 1948, any child removed under this paragraph whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of that section and notwithstanding that he may appear to the local authority to be over the age of seventeen.
(4) Where a child is removed under this paragraph the local authority shall, if practicable, inform a parent or guardian of the child, or any person who acts as his guardian.
(5) In the application of this paragraph to Scotland, for references to a juvenile court there shall be substituted references to the sheriff.
Offences
16 (1) A person shall be guilty of an offence if -
(a) being required, under any provision of this Schedule, to give any notice or information, he fails to give the notice within the time specified in that provision or fails to give the information within a reasonable time, or knowingly makes or causes or procures another person to make any false or misleading statement in the notice or information;
[page 846]
(b) he refuses to allow the visiting of a protected child by a duly authorised officer of a local authority or the inspection under the power conferred by paragraph 6 of this Schedule, of any premises;
(c) he keeps any child in any premises in contravention of a prohibition imposed under this Schedule;
(d) he refuses to comply with an order under this Schedule for the removal of any child or obstructs any person in the execution of such an order.
(2) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding one hundred pounds or both.
(3) The references in section forty-one of the Adoption Act 1950 (which contains general provisions as to offences under Parts II to IV of that Act), to an offence under Part III of that Act shall be construed as referring to an offence under this paragraph.
Application of ancillary provisions of Part I
17 (1) Sections eight and nine of this Act shall apply in relation to protected children as they apply in relation to foster children within the meaning of Part I of this Act.
(2) Section ten of this Act shall apply in relation to proceedings under this Schedule as it applies in relation to proceedings under Part I of this Act.
(3) Section eleven of this Act shall apply in relation to an order made under this Schedule as it applies in relation to an order made under Part I of this Act.
(4) Sections fifteen and sixteen of this Act shall apply to notices or information given under this Schedule as they apply to notices or information given under Part I of this Act.
Interpretation
18. For the purposes of this Schedule, a person shall be deemed to take part in arrangements for the placing of a child in the care and possession of another person -
(a) if he enters into or makes any agreement or arrangement for, or facilitates, the placing of the child in the care and possession of that other person; or
(b) if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor,
or if he causes another to do so.
19. A child in the care and possession of two spouses one of whom is a parent, relative or guardian of his shall be deemed for the purposes of this Schedule to be in the care and possession of that one of them.
20. In this Schedule "compulsory school age", "local authority", "place of safety" and "relative" have the same meanings as in Part I of this Act.
[page 847]
SECOND SCHEDULE
Section 40
MINOR AND CONSEQUENTIAL AMENDMENTS
Enactment | Amendment |
The Children Act 1948. 11 & 12 Geo. 6. c. 43. | In section thirty-eight, in subsection (1), the word "and", in the second place where that word occurs, shall be omitted and for the words from "and the welfare authorities" to the end of the subsection there shall be substituted the words "and of Part I of the Children Act 1958, shall be the councils of counties and county boroughs".
In section thirty-nine, in subsection (1), for paragraph (b) there shall be substituted the following paragraph:-
"(b) Part I of and the First Schedule to the Children Act 1958",
and after paragraph (c) there shall be inserted the following paragraph:-
"(cc) section forty-three of the Adoption Act 1950,"
In section forty-four, in subsection (1), the word "I" and the word "and", in the third place where that word occurs, shall be omitted, and after the word "1939" there shall be inserted the words "and Part I of and the First Schedule to the Children Act 1958".
In section fifty-one, in subsection (1), for the words from "the Public Health Act 1936", to the end of the subsection, there shall be substituted the words "or Part I of or the First Schedule to the Children Act 1958".
In section fifty-four, in subsection (1), there shall be added, at the end of the subsection, the words "and Part I of the Children Act 1958", and in subsection (2), for paragraphs (c) to (e) there shall be substituted the following paragraph:-
"(c) any place where a foster child within the meaning of Part I of the Children Act 1958, or a child to whom any of the provisions of that Part are extended by section twelve or thirteen of that Act, or a protected child within the meaning of the First Schedule to that Act, is being maintained."
|
The Nurseries and Child-Minders Regulation Act 1948. 11 & 12 Geo. 6. c. 53. | In section eight, in subsection (1), for the words from "section two hundred and nineteen" to the end of the subsection, there shall be substituted the words "section two of the Children Act 1958".
In section thirteen, in subsection (2), in the definition of "child life protection enactments", for the words from "relating to child life protection" to the end of the definition there shall be substituted the words "of Part I of the Children Act 1958". |
[page 848]
Enactment | Amendment |
The Adoption Act 1950. 14 Geo. 6. c. 26. | In section two, in subsection (6), in paragraph (b), for the words "notified the welfare authority" there shall be substituted the words "given notice in writing to the local authority", and for the words "is for the time being" there shall be substituted the words "was then".
In section three, in subsection (3), for the words "is to be" there shall be substituted the words "is proposed to be".
In section eight, in subsection (4), the words "or body" shall be omitted; and in subsection (5), for the words "body so appointed is" there shall be substituted the words "person so appointed is an officer of"; and after the word "appoint" there shall be inserted the words "an officer of".
In section thirteen, in subsection (1), for the words "made before the date of the adoption order" there shall be substituted the words "to which subsection (2) of this section does not apply".
In section fourteen, in subsection (4), after the word "made", in the second place where that word occurs, there shall be inserted the words "or taking effect on the death of a person dying".
In section seventeen, in subsection (2), after the word "country", in the first place where that word occurs, there shall be inserted the words "or the district and sub-district", and after that word in the second place where it occurs there shall be inserted the words "or district and sub-district".
In section eighteen, in subsection (5), the words from "both in regard" to the end of the subsection shall be omitted.
In section twenty, in subsection (6), the words from "both in regard" to the end of the subsection shall be omitted.
In section twenty-one, in subsection (3), for the words "the court which made the order" there shall be substituted the words "by any court, the court", and after the words "Register of Births", there shall be inserted the words "or the Adopted Children Register", and in subsection (7) for the words "petty sessional division or place" there shall be substituted the words "petty sessions area".
In section twenty-two, in subsection (2), for the word "two" there shall be substituted the word "one". |
[page 849]
Enactment | Amendment |
The Adoption Act 1950 - cont. 14 Geo. 6. c. 26. | In section twenty-seven, in subsection (1), after the words "adoption society" there shall be inserted the words "or local authority"; and in paragraph (a) the words "resident in Great Britain" and the words from"whether" to "otherwise", and paragraph (b), shall be omitted; and in subsection (5), for the word "fifty" there shall be substituted the words "one hundred" and after the words "adoption society" there shall be added the words "or local authority".
In section forty-five, in subsection (2), the words "not being a parent or guardian of the infant" shall be omitted.
In the Third Schedule, in sub-paragraph (a) of paragraph 1, for the words "transfer of the care and possession of infants to persons resident abroad" there shall be substituted the words "sending or taking of infants abroad". |
THIRD SCHEDULE
Section 40
ENACTMENTS REPEALED
Session and Chapter | Short Title | Extent of Repeal |
8 Edw. 7. c. 67. | The Children Act 1908 | The whole Act |
16 & 17 Geo. 5. c. 29 | The Adoption of Children Act 1926. | Section ten. |
20 & 21 Geo. 5. c. 37. | The Adoption of Children (Scotland) Act 1930. | Section ten. |
26 Geo. 5. & 1 Edw. 8. c. 49. | The Public Health Act 1936. | Sections two hundred and six to two hundred and twenty. |
26 Geo. 5. & 1 Edw. 8. c. 50. | The Public Health (London) Act 1936. | Part XIII. |
1 Edw. 8. & 1 Geo. 6. c. 37. | The Children and Young Persons (Scotland) Act 1937. | Part I. |
11 & 12 Geo. 6. c. 43. | The Children Act 1948 | Part V. In section forty-two, subsection (2). In section fifty-five, in subsection (1), the words from "or the provisions" to the end of the subsection. In the Second Schedule, paragraph 10. |
[page 850]
Session and Chapter | Short Title | Extent of Repeal |
11 & 12 Geo. 6. c. 43. - cont. | The Children Act 1948 - cont. | In the Third Schedule, the entries relating to the Public Health Act 1936, and to the Public Health (London) Act 1936, and the first three entries relating to the Children and Young Persons (Scotland) Act 1937. |
11 & 12 Geo. 6. c. 53. | The Nurseries and Child-mInders Regulation Act 1948. | In section nine, in subsection (2), the words "of those children or any other". |
12, 13 & 14 Geo. 6. c. 98. | The Adoption of Children Act 1949. | In section thirteen, in subsection (2), the words from "section two hundred and twenty" to "The Public Health (London) Act 1936" and the words from "and for the definition" to the end of the subsection. |
14 Geo. 6. c. 26. | The Adoption Act 1950. | In section two, subsection (1), and in subsection (4), the words "or body" and the words from "or who is liable" to "maintenance of the infant",
In section three, in subsection (1), paragraph (b).
In section eight, in subsection (4), the words "or body".
In section twelve, in subsection (2), the words "but shall cease to have effect if she subsequently marries".
In section fourteen, subsection (2) except so far as it relates to a will or codicil confirmed by codicil executed before the commencement of this Act.
In section eighteen, in subsection (2), paragraph (b); and in subsection (5) the words from "both in regard" to the end of the subsection.
In section twenty, in subsection (6), the words from "both in regard" to the end of the subsection.
In section twenty-one, subsection (2).
In section twenty-seven, in subsection (1), in paragraph (a), the words "resident in Great Britain" and the words from "whether" to "otherwise"; paragraph (b); and subsections (2) to (4).
Sections twenty-eight to thirty-seven, thirty-nine and forty. |
[page 851]
Session and Chapter | Short Title | Extent of Repeal |
14 Geo. 6. c. 26. - cont. | The Adoption Act 1950. - cont. | In section forty-three, in subsection (1), the words "in connection with their functions under any enactment relating to children".
In section forty-five, in subsection (1), the definitions of "abroad", "child protection visitor", "custodian" and "welfare authority"; and in subsection (2) the words "not being a parent or guardian of the infant".
In the Fifth Schedule, paragraphs 3, 8, 9 and 10. |
Table of Statutes referred to in this Act
Short Title | Session and Chapter |
Sunday Observance Act, 1677 | 29 Car. 2. c. 7. |
Life Assurance Act 1774 | 14 Geo. 3. c. 48. |
Parochial Registers Act 1812 | 52 Geo. 3. c. 146. |
Married Women's Policies of Assurance (Scotland) Act 1880 | 43 & 44 Vict. c. 26. |
Married Women's Property Act 1882 | 45 & 46 Vict. c. 75. |
Children Act 1908 | 8 Edw. 7. c. 67. |
Mental Deficiency Act 1913 | 3 & 4 Geo. 5. c. 28. |
Supreme Court of Judicature (Consolidation) Act 1925 | 15 & 16 Geo. 5. c. 49. |
Adoption of Children Act 1926 | 16 & 17 Geo. 5. c. 29. |
Adoption of Children (Scotland) Act 1930 | 20 & 21 Geo. 5. c. 37. |
Children and Young Persons Act 1933 | 23 & 24 Geo. 5. c. 12. |
Registration of Births, Deaths, and Marriages (Scotland) (Amendment) Act 1934 | 24 & 25 Geo. 5. c. 19. |
County Courts Act 1934 | 24 & 25 Geo. 5. c. 53. |
Public Health Act 1936 | 26 Geo. 5 & 1 Edw. 8. c. 49. |
Public Health (London) Act 1936 | 26 Geo. 5 & 1 Edw. 8. c. 50. |
Children and Young Persons (Scotland) Act 1937 | 1 Edw. 8 & 1 Geo. 6. c. 37. |
Nursing Homes Registration (Scotland) Act 1938 | 1 & 2 Geo. 6. c. 73. |
Family Allowances Act 1945 | 8 & 9 Geo. 6. c. 41. |
Local Government Act 1948 | 11 & 12 Geo. 6. c. 26. |
Children Act 1948 | 11 & 12 Geo. 6. c. 43. |
Nurseries and Child-Minders Regulation Act 1948 | 11 & 12 Geo. 6. c. 53. |
Justices of the Peace Act 1949 | 12, 13 & 14 Geo. 6. c. 101. |
Adoption Act 1950 | 14 Geo. 6. c. 26. |
Magistrates' Courts Act 1952 | 15 & 16 Geo. 6. & 1 Eliz. 2. c. 55. |
Births and Deaths Registration Act 1953 | 1 & 2 Eliz. 2. c. 20. |
Local Government (Financial Provisions) (Scotland) Act 1954 | 2 & 3 Eliz. 2. c. 13. |
Valuation and Rating (Scotland) Act 1956 | 4 & 5 Eliz. 2. c. 60. |