The Children (Northern Ireland Consequential Amendments) Order 1995

The Social Work (Scotland) Act 1968

5.—(1) The Social Work (Scotland) Act 1968(1) shall have effect subject to the following provisions of this Article.

(2) In section 72 (supervision of children moving to England or Northern Ireland), for subsection (2) there shall be substituted the following subsections—

“(2) A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—

(a) if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;

(b) if he is over the age of fourteen years, a probation order; or

(c) in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.

(2A) An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.

(2B) Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.”.

(3) In section 74 (parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland), for subsection (5) there shall be substituted the following subsection—

“(5) An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.”.

(4) In section 75 (parent of a child subject to a training school order or a committal order moving to Scotland)—

(a) in subsection (2), for the words from “a welfare authority in Northern Ireland” to “1947 or” there shall be substituted the words “an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order under”;

(b) in subsection (3), for the word “welfare” there shall be substituted the word “other”.

(5) In section 76(4) (procedure)—

(a) for the words “or of a welfare authority” there shall be substituted the words “or of an authority within the meaning of the Children (Northern Ireland) Order 1995”;

(b) for the words “or welfare” there shall be substituted the words “or other”.

(6) In section 94(1) (interpretation) in the definition of “supervision order”, for the words from “has the meaning assigned to it by section 63(1)(d)” to “1950” there shall be substituted the words “means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995”.

(1)

1968 c. 49; section 72(2) was amended and repealed in part by the Children and Young Persons Act 1969 (“the 1969 Act”) (c.54) Schedule 5 paragraph 58(2) and Schedule 6 and amended by the Criminal Justice Act 1991 (c. 53) Schedule 3 paragraph 9(c); section 74(5) was repealed in part by Schedule 6 to the 1969 Act; section 75(2) and (3) were amended and repealed in part by Schedule 5 paragraph 61 and Schedule 6 to the 1969 Act and amended by the Children Act 1989 (c. 41) Schedule 13 paragraph 22; section 76(4) was amended and repealed in part by Schedule 5 paragraph 62 and Schedule 6 to the 1969 Act; the definition of “supervision order” in section 94(1) was amended by the Courts and Legal Services Act 1990 (c. 41) Schedule 16 paragraph 36.