Children's Hearings (Scotland) Act 2011

Ancillary measures S

40 Information non-disclosure directions S

(1) This section applies where the sheriff makes a child protection order in respect of a child.

(2) The sheriff must consider whether to include an information non-disclosure direction in the order.

(3) An information non-disclosure direction is a direction that—

(a) the location of any place of safety at which the child is being kept, and

(b) any other information specified in the direction relating to the child,

must not be disclosed (directly or indirectly) to any person or class of person specified in the direction.

(4) An information non-disclosure direction ceases to have effect when—

(a) it is terminated by a children's hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

(b) the child protection order in which it is included ceases to have effect.

Commencement Information

I1 S. 40 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

41 Contact directions S

(1) This section applies where the sheriff makes a child protection order in respect of a child.

(2) The sheriff must consider whether to include a contact direction in the order.

(3) A contact direction is a direction—

(a) prohibiting contact between the child and a person mentioned in subsection (4),

(b) making contact between the child and such a person subject to any conditions which the sheriff considers appropriate to safeguard and promote the welfare of the child,

(c) making such other provision as the sheriff considers appropriate about contact between the child and such a person.

(4) The persons are—

(a) a parent of the child, person with parental responsibilities for the child or other person specified in the direction,

(b) a person falling within a class of person specified in the direction.

(5) A contact direction ceases to have effect when—

(a) it is terminated by a children's hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

(b) the child protection order in which it is included ceases to have effect.

Commencement Information

I2 S. 41 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

42 Parental responsibilities and rights directions S

(1) A person applying to the sheriff for a child protection order in respect of a child may, at the same time, apply to the sheriff for a parental responsibilities and rights direction.

(2) A parental responsibilities and rights direction is a direction about the fulfilment of parental responsibilities or exercise of parental rights in relation to—

(a) the treatment of the child arising out of any assessment authorised by the child protection order, or

(b) any other matter that the sheriff considers appropriate.

(3) A parental responsibilities and rights direction ceases to have effect when—

(a) it is terminated by a children's hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

(b) the child protection order in which it is included ceases to have effect.

Commencement Information

I3 S. 42 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3