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Children’s Hearings (Scotland) Act 2011

Consideration of application by sheriff

Section 38 – Consideration by sheriff: application by local authority only

40.This section relates specifically to the sheriff’s consideration of a local authority application for a child protection order. Subsection (2) sets out what the sheriff must be satisfied of before making the child protection order.

Section 39 – Consideration by sheriff: application by a local authority or other person

41.This section relates to the sheriff’s consideration of an application for a child protection order by any person, including a local authority. Subsection (2) sets out what the sheriff must be satisfied of before making the child protection order.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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