In this Act, unless the context otherwise requires—

• “the 1995 Act” means the Children (Scotland) Act 1995 (c.36),

• “affirmative procedure” is to be construed in accordance with section 197,

• “CHS” means Children's Hearings Scotland,

• “chief social work officer” means the officer appointed under section 3 of the Social Work (Scotland) Act 1968 (c.49) by—

  1. a

     in relation to a compulsory supervision order or an interim compulsory supervision order, the implementation authority,

  2. b

     in relation to a medical examination order or a warrant to secure attendance, the relevant local authority for the child to whom the order or warrant relates,

• “child assessment order” means an order mentioned in section 35,

• “child protection order” means an order mentioned in section 37,

• “compulsory supervision order” has the meaning given by section 83,

• “contact order” has the meaning given by section 11(2)(d) of the 1995 Act,

• “crime” has the meaning given in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

• “functions” includes powers and duties; and “confer”, in relation to functions, includes impose,

• “grounds determination” has the meaning given by section 110(1),

• “grounds hearing” has the meaning given by section 90,

• “implementation authority”—

  1. a

     in relation to a compulsory supervision order, has the meaning given by section 83(1)(b),

  2. b

     in relation to an interim compulsory supervision order, has the meaning given by section 86(1)(b),

• “interim compulsory supervision order” has the meaning given by section 86,

• “interim variation”, in relation to a compulsory supervision order, has the meaning given by section 140,

• “medical examination order” has the meaning given by section 87,

• “movement restriction condition” has the meaning given by section 84,

• “negative procedure” is to be construed in accordance with section 196,

• “officer of law” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

• “parental responsibilities” has the meaning given by section 1(3) of the 1995 Act,

• “parental rights” has the meaning given by section 2(4) of the 1995 Act,

• “permanence order” has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4),

• “place of safety”, in relation to a child, means—

  1. a

     a residential or other establishment provided by a local authority,

  2. b

     a community home within the meaning of section 53 of the Children Act 1989 (c.41),

  3. c

     a police station,

  4. d

     a hospital or surgery, the person or body of persons responsible for the management of which is willing temporarily to receive the child,

  5. e

     the dwelling-house of a suitable person who is so willing, or

  6. f

     any other suitable place the occupier of which is so willing,

• “pre-hearing panel” has the meaning given by section 79(2)(a),

• “prosecutor” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

• “residential establishment” means—

  1. a

     an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of this Act, the 1995 Act or the Social Work (Scotland) Act 1968 (c.49),

  2. b

     a home in England or Wales that is—

     1. i

        a community home within the meaning of section 53 of the Children Act 1989 (c.41),

     2. ii

        a voluntary home within the meaning of that Act, or

     3. iii

        a private children's home within the meaning of that Act, or

  3. c

     F2an establishment in Northern Ireland that is—

     1. i

        a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 ),

     2. ii

        an authority home provided under Part VII of that Order, or

     3. iii

        a voluntary home provided under Part VIII of that Order,

• “safeguarder” has the meaning given by section 30(1),

• “school age” has the meaning given by section 31 of the Education (Scotland) Act 1980 (c.44),

• “secure accommodation” means accommodation provided F3for the purpose of restricting the liberty of children which—

  1. a

     in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8) ,

  2. b

     in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43) , “secure accommodation” means accommodation in relation to England which—

     1. i

        is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, and

     2. ii

        is approved by the Secretary of State for the purpose of restricting the liberty of children,

  3. c

     in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act,

• “secure accommodation authorisation” has the meaning given by section 85,

• “statement of grounds” has the meaning given by section 89(3),

• “subordinate legislation” means—

  1. a

     an order,

  2. b

     regulations, or

  3. c

     rules,

• “super-affirmative procedure” is to be construed in accordance with section 198,

• F4“supporting facts” has the meaning given by section 90(1D),

• “warrant to secure attendance” has the meaning given by section 88, and

• “working day” means every day except—

  1. a

     Saturday and Sunday,

  2. b

     25 and 26 December,

  3. c

     1 and 2 January.

References in this Act to a decision of a children's hearing are references to a decision of a majority of the members of a children's hearing.

References in this Act to a determination of a pre-hearing panel are references to a determination of a majority of the members of a pre-hearing panel.

References in this Act to varying a compulsory supervision order, an interim compulsory supervision order or a medical examination order include varying the order by adding or removing measures.