Children to whom Part IA applies. |
12A.—(1) Subject to subsection (2) below, this Part of this Act applies to any child in the care of a local authority in consequence— |
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(a) of a care order (including an interim order); |
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(b) of an order under section 2(1) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960; |
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(c) of committal under section 23(1) of the Children and Young Persons Act 1969; |
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(d) of an order under section 2(2)(b) of the Guardianship Act 1973; |
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(e) of an order under section 17(1)(b) of the Children Act 1975 or section 26(1)(b) of the Adoption Act 1976 order on refusal of adoption order); |
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(f) or an order under section 36(2) or (3)(a) of the Children Act 1975 (order on revocation of custodianship order); |
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(g) of an order under section 10(1) of the Domestic Proceedings and Magistrates' Courts Act 1978; or |
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(h) of a resolution under section 3 above. |
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(2) This Part of this Act does not apply to a child in the care of a local authority in consequence of an order made by the High Court. |
Termination of access. |
12B.—(1) A local authority may not terminate arrangements for access to a child to whom this Part of this Act applies by its parent, guardian or custodian, or refuse to make such arrangements unless they have first given the parent, guardian or custodian notice of termination or refusal in a form prescribed by order made by the Secretary of State. |
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(2) A notice under this section shall contain a statement that the parent, guardian or custodian has a right to apply to a court for an order under section 12C below. |
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(3) A notice terminating access shall state that access will be terminated as from the date of service of the notice. |
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(4) A local authority are not to be taken to terminate access for the purposes of this section in a case where they propose to substitute new arrangements for access for existing arrangements. |
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(5) A local authority are not to be taken to refuse to make arrangements for access for the purposes of this section in a case where they postpone access for such reasonable period as appears to them to be necessary to enable them to consider what arrangements for access (if any) are to be made. |
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(6) A notice under this section may be served on a parent, guardian or custodian either by delivering it to him or by leaving it at his proper address or by sending it by post. |
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(7) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person shall be his last known address. |