Other matters
313. Sections 47-55 of the Children Act 1975, which made provision for granting of custody of a child in Scotland, came into force on 1 April 1986. The general effect of the provisions relating to applications by persons other than a parent or guardian was subsequently amended by the Law Reform (Parent and Child) (Scotland) Act 1986, which came into operation on 8 December 1986. The principal effect of the 1986 Act was to repeal the specific entitlement of relatives, step parents or foster parents of a child to sue for custody. Under the new arrangement now in force, any person claiming interest in a child retains a right of application to a court for an order relating to parental rights. That includes those previously entitled specifically under the 1975 Act but extends also to the right of a putative father to apply for an access order.
314. The Children and Young Persons (Amendment) Act 1986 having effect in England and Wales was also implemented in 1988. The Act contains four provisions: a power for the Secretary of State to make regulations governing placement by a local authority of a child in compulsory care with a parent, guardian, reltive or friend; a right for parents or guardians to be made full parties to care proceedings when the court believes that their interests are different from the child's; a right for grandparents to apply to the court or to a single magistrate to be joined as parties to the proceedings; and a right for parents and guardians who were made parties to care-related proceedings to appeal to the Crown Court. These provisions have been assimilated with the Children Bill and will be repealed when the Children Bill is implemented.
315. The Criminal Justice Act 1988 makes a number of changes regarding juvenile offenders, and regarding children and young people. Children under 14 involved as witnesses in crimes of sex or violence may give evidence through a live television link, which it is hoped will prove less intimidating. Penalties for cruelty to children have been increased.
316. In Scotland, the rules of evidence and the practices of the courts in relation to child witnesses differ from those in England and Wales. The Scottish Law Commission has undertaken a detailed study of the evidence of children as part of its consideration and, in an effort to ensure a wide measure of public confidence in any change in the law, it issued, in June 1988, a discussion paper entitled "The evidence of children and other potentially vulnerable witnesses". It is hoped that the Commission's final report will be available shortly.
Services for children in the care of local authorities
317. The Child Care Act 1980 continues to impose a duty on local authorities in England and Wales to receive children into their care if they are deserted, orphaned or if their parents are unable to provide for them and intervention is necessary in the interests of the child. As explained in the second report, the Act requires a local authority to give first consideration to the need to promote and safeguard the welfare of the child in its care when reaching any decisions concerning the child's upbringing. In Scotland, similar provision is made in terms of the Social Work (Scotland) Act 1968. Northern Ireland, corresponding provision is contained in the Children and Young Persons (Northern Ireland) Act 1968.
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