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Changes over time for: Section 30
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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 30.
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
30Delay in proceedings likely to prejudice child's welfareS
This section has no associated Explanatory Notes
(1)The Children (Scotland) Act 1995 is modified by subsections (2) and (3).
(2)In section 11ZA (paramountcy of child's welfare, and the non-intervention presumption) (which is inserted by section 1(4) of this Act), after subsection (2) insert—
“(2A)When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.
(3)In section 16 (welfare of child and consideration of his views), after subsection (1) insert—
“(1A)When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.
(4)The Adoption and Children (Scotland) Act 2007 is modified by subsection (5).
(5)In section 14 (considerations applying to the exercise of powers), after subsection (3) insert—
“(3A)When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.
(6)The Children's Hearings (Scotland) Act 2011 is modified by subsection (7).
(7)In section 25 (welfare of the child), after subsection (2) insert—
“(3)The children's hearing, pre-hearing panel or court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.
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