62.Sections 86(3) and 140(4) of the 2011 Act stipulate the maximum period for which respectively an interim compulsory supervision order or an interim variation of a compulsory supervision order has effect, whether such an order is made by a children’s hearings or by a sheriff. In relation to both types of order, this is currently for a maximum period of 22 days beginning on the day on which the order is made.
63.This means that a children’s hearing or court can issue an interim order for 22 days which will lapse if it is not renewed within that timescale (although certain other events, such as the next children’s hearing arranged in relation to the child taking place, can cause the interim order or variation to cease to have effect earlier than this).
64.Subparagraphs (2) and (3) of paragraph 4 respectively modify sections 86(3) and 140(4) of the 2011 Act to provide that the maximum period for which an interim compulsory supervision order or an interim variation of compulsory supervision orders has effect is:
where the order is made by a children’s hearings, the period of 44 days, or
where the order is made by a sheriff, such other period as the sheriff may specify.
65.Paragraph 4(4) provides that the modifications in paragraphs 4(2) and (3) do not apply in relation to interim compulsory supervision orders or interim variations of such orders (as those terms are defined in paragraph 4(5) by reference to the 2011 Act) which are made, extended or varied before those modifications came into force but those modifications do apply in relation to interim compulsory supervision orders made before that day but extended or varied on or after that day.