- Latest available (Revised)
- Point in Time (12/06/2013)
- Original (As enacted)
No versions valid at: 12/06/2013
Point in time view as at 12/06/2013. This version of this cross heading contains provisions that are not valid for this point in time.
Children's Hearings (Scotland) Act 2011, Cross Heading: Variation or termination of order by sheriff is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 24/06/2013
(1)An application may be made by any of the following persons to the sheriff to vary a child protection order—
(a)the child in respect of whom the order is made,
(b)a relevant person in relation to the child,
(c)a person not falling within paragraph (b) who has (or recently had) a significant involvement in the upbringing of the child,
(d)the person who applied for the child protection order,
(e)the person specified in the child protection order under section 37(2)(a),
(f)the Principal Reporter,
(g)any other person prescribed by rules of court.
(2)An application may be made by any of the persons mentioned in subsection (1)(a) to (g) (other than the Principal Reporter) to the sheriff to terminate a child protection order.
(3)An application under this section may be made only—
(a)before the commencement of a children's hearing arranged under section 45 or 46, or
(b)if the children's hearing arranged under section 45 or 46 continues the child protection order (with or without variation), within 2 working days after the day on which the child protection order is continued.
A person applying under section 48 for variation or termination must, as soon as practicable after making the application, give notice of it to—
(a)the person who applied for the child protection order (unless the person is the applicant),
(b)the person specified in the child protection order under section 37(2)(a) (unless the person is the applicant),
(c)the child (unless the child is the applicant),
(d)each relevant person in relation to the child (unless the relevant person is the applicant),
(e)the relevant local authority for the child (unless the local authority is the applicant),
(f)the Principal Reporter (unless the Principal Reporter is the applicant), and
(g)any other person to whom the applicant is required to give notice under rules of court.
The Principal Reporter may arrange a children's hearing for the purpose of providing any advice the children's hearing may consider appropriate to assist the sheriff in the determination of an application under section 48.
(1)This section applies where an application is made under section 48 in relation to a child protection order.
(2)The sheriff must, before determining the application, give the following persons an opportunity to make representations—
(a)the applicant,
(b)the child in respect of whom the child protection order is made,
(c)each relevant person in relation to the child,
(d)any person not falling within paragraph (c) who the sheriff considers to have (or to recently have had) a significant involvement in the upbringing of the child,
(e)the applicant for the child protection order,
(f)the relevant local authority for the child (if the authority did not apply for the child protection order),
(g)the Principal Reporter.
(3)The application must be determined within 3 working days after the day on which it is made.
(4)The child protection order ceases to have effect at the end of that period if the application is not determined within that period.
(5)The sheriff may—
(a)terminate the child protection order if the sheriff is not satisfied of—
(i)where the order was made under section 38, the matters mentioned in subsection (2)(a) to (d) of that section, or
(ii)where the order was made under section 39, the matters mentioned in subsection (2)(a) and (b) of that section,
(b)vary the child protection order (including by terminating, varying or including an information non-disclosure direction, a contact direction or a parental responsibilities and rights direction), or
(c)confirm the child protection order.
(6)If the sheriff orders that the child protection order is to be terminated, the order ceases to have effect at the end of the hearing before the sheriff.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: