Children and Young Persons Act 1963
CH. 37
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exercised, as well as in the cases mentioned in that paragraph, in any case where it appears to them-
(a) that the parent or guardian suffers from a mental dis- order (within the meaning of the Mental Health Act 1959 or the Mental Health (Scotland) Act 1960) which renders him unfit to have the care of the child; or (b) that the parent or guardian has so persistently failed without reasonable cause to discharge the obligations of a parent or guardian as to be unfit to have the care of the child;
and the power of the court or sheriff, under subsection (3) of that section, to order that the resolution shall not lapse may also be exercised if the court or sheriff is satisfied that the person who objected to the resolution is unfit to have the care of the child by reason of his persistent failure to discharge the obliga- tions of a parent or guardian.
(3) In this section "child" has the same meaning as in the Children Act 1948.
PART III
to return
49.-(1) Where a local authority have, in accordance with Harbouring section 3(3) of the Children Act 1948, allowed any person to or concealing take over the care of a child with respect to whom a resolu- child required tion under section 2 of that Act is in force and have by notice to local in writing required that person to return the child at a time authority. specified in the notice (which, if that person has been allowed to take over the care of the child for a fixed period, shall not be earlier than the end of that period) any person who harbours or conceals the child after that time or prevents him from returning as required by the notice shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding two months or to both. (2) In this section "child" has the same meaning as in the Children Act 1948.
50. A court may entertain an application under section 4(2A) Extension of the Guardianship of Infants Act 1925 to appoint a guardian of power of an infant notwithstanding that, by virtue of a resolution to appoint
guardian. under section 2 of the Children Act 1948, a local authority have parental rights with respect to him; but where on such an application the court appoints a guardian the resolution shall cease to have effect.
Persons under supervision changing country of residence
51.-(1) Where a court in England or Wales is satisfied that Supervision a child or young person in respect of whom it would otherwise of persons make a supervision order under the principal Act resides or will moving to
Scotland. reside in Scotland, the court shall, instead of making such an order, make an order specifying a court of summary jurisdiction