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Changes over time for: Section 3
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Status:
This version of this provision is prospective.
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Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Children (Scotland) Act 2020, Section 3.
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Changes to Legislation
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Prospective
3Proceedings under Children's Hearings (Scotland) Act 2011S
This section has no associated Explanatory Notes
(1)The Children's Hearings (Scotland) Act 2011 is modified as follows.
(2)In section 27 (views of the child), for subsections (3) and (4) substitute—
“(3)The children's hearing, pre-hearing panel or the sheriff must—
(a)give the child an opportunity to express the child's views in—
(i)the manner that the child prefers, or
(ii)a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and
(b)have regard to any views expressed by the child, taking into account the child's age and maturity.
(4)But the children's hearing, pre-hearing panel or the sheriff is not required to comply with subsection (3) if satisfied that—
(a)the child is not capable of forming a view, or
(b)the location of the child is not known.
(4A)The child is to be presumed to be capable of forming a view unless the contrary is shown.”.
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