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Part II Accommodation etc. for children in care, and foster children

Community homes

35—45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 35–45, 47–50 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

46 Discontinuance of approved schools etc. on establishment of community homes

(1)If in the case of any approved school, [F1or remand home within the meaning of the M1Criminal Justice Act 1948 or approved probation hostel F2. . . (hereafter in this section referred to as an “approved institution”) it appears to the Secretary of State that in consequence of the establishment of community homes for a planning area the institution as such is no longer required, he may by order provide that it shall cease to be an approved institution on a date specified in the order.

(2)The provisions of Schedule 3 to this Act shall have effect in relation to institutions which are, or by virtue of this section have ceased to be, approved institutions.]

Annotations:

Amendments (Textual)

F1Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36

F2Words in s. 46(1) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 41, Sch. 8: S.I. 2001/919, art. 2(f)(ii)(g)

Modifications etc. (not altering text)

C1S. 46 amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 17

Marginal Citations

M11948 c. 58(39:1).

47—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 35–45, 47–50 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

52

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

X1(4)Section 37 of the M1 Adoption Act 1958 (which defines “ protected child” for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—

(a)in paragraph (a) of subsection (1) (which refers to arrangements for placing a child in the care of a person who is not a parent, guardian or relative of his) after the words “ relative of his” there shall be inserted the words “ but who proposes to adopt him” ;

(b)in subsection (1) (which among other matters excludes a foster child from the definition of “ a protected child”) the words “ but is not a foster child within the meaning of Part I of the Children Act 1958” shall be omitted ; and

(c)in subsection (2) (which excludes certain children from the definition of protected child, including children only temporarily in the care and possession of a person under such arrangements as are referred to in subsection (1)(a) of that section) the words from “ by reason” to “ that subsection, nor” shall be omitted.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Annotations:

Amendments (Textual)

F1Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

F2Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

Marginal Citations

M1 1958 c. 5. (7 & 8 Eliz. 2.)

Editorial Information

X1The text of s. 52(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

53—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

56, 57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 56, 57 repealed by (E.W.) Foster Children Act 1980 (c. 6, SIF 20), Sch. 3 and (S.) Foster Children (Scotland) Act 1984 (c. 56, SIF 20), Sch. 3

Words "49 and the said sections" in s. 57(4) expressed to be repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch.1 Appendix C

58, 59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 58, 59 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6