SCHEDULE 5Minor and consequential amendments

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

3

In section 12 of the Antisocial Behaviour etc. (Scotland) Act 2004 (sheriff's power to refer child to children's hearing where antisocial behaviour order made etc.), for subsection (1) substitute—

1

This section applies where—

a

the sheriff makes an antisocial behaviour order or an interim order in respect of a child, and

b

the sheriff considers that a section 67 ground (other than the ground mentioned in section 67(2)(j)) applies in relation to the child.

1A

The sheriff may require the Principal Reporter to arrange a children's hearing.

1B

The sheriff must give the Principal Reporter a section 12 statement if—

a

the sheriff makes a requirement under subsection (1A), and

b

a compulsory supervision order is not in force in relation to the child.

1C

A section 12 statement is a statement—

a

specifying which of the section 67 grounds the sheriff considers applies in relation to the child,

b

setting out the reasons why the sheriff considers the ground applies, and

c

setting out any other information about the child which appears to the sheriff to be relevant.

1D

In this section—

  • compulsory supervision order” has the meaning given by section 83 of the Children's Hearings (Scotland) Act 2011,

  • section 67 ground” means a ground mentioned in section 67(2) of that Act.