97[F1Interim orders and revocation of compulsory supervision order]S
(1)Subsection (2) applies where an application is made for a permanence order, or variation of such an order, in respect of a child.
(2)The appropriate court may make such interim order as it thinks fit.
(3)Subsection (4) applies where—
(a)the child in respect of whom an interim order is to be made is subject to a [F2compulsory supervision order], and
(b)the court is satisfied that, were it to make an interim order in relation to the child, [F3it would no longer be necessary that, for the protection, guidance, treatment or control of the child, the child be subject to the compulsory supervision order.]
(4)The court must make an order providing that, on the making of the interim order, the [F4compulsory supervision order] ceases to have effect.
(5)If—
(a)the child in respect of whom an interim order is made is subject to a [F5compulsory supervision order], and
(b)the provisions of the [F6interim order conflict, or are otherwise inconsistent, with the compulsory supervision order]
the provisions of the[F7interim] order prevail.
(6)In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.
Textual Amendments
F1S. 97 title substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)
F2Words in s. 97(3)(a) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(a)(i)
F3Words in s. 97(3)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(a)(ii)
F4Words in s. 97(4) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(b)
F5Words in s. 97(5)(a) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(c)(i)
F6Words in s. 97(5)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(c)(ii)
F7Word in s. 97(5) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(c)(iii)
Commencement Information
I1S. 97 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)