Children (Care and Justice) (Scotland) Act 2024

6 Compulsory supervision orders: movement restriction conditions

(1) The 2011 Act is amended as follows.

(2) In section 83 (meaning of “compulsory supervision order”)—

(a) in subsection (4)(a)—

(i) for “more” substitute “both”,

(ii) for “subsection (6)” substitute “subsection (4A)”,

(b) after subsection (4) insert—

“(4A) The conditions referred to in subsection (4)(a) are—

(a) that the child’s health, safety or development is at risk,

(b) that the child is likely to cause physical or psychological harm to another person.”.

(3) In section 150 (movement restriction conditions: regulations etc.), in subsection (2)—

(a) in paragraph (b), after “of” insert “monitoring a child’s movements or whereabouts (including whether a child is at, or is not at, a particular place) for the purpose of”,

(b) in paragraph (c), after “devices” insert “(including any apparatus to be linked to a device)”,

(c) after that paragraph insert—

“(ca) prescribe the circumstances or manner in which a specified device is, or is not, to be used (including how or when a device is to be worn, or otherwise used, by a child subject to a movement restriction condition),

(cb) prescribe the circumstances or manner in which information obtained through the monitoring of a child by means of such a device may, or may not, be gathered, retained, used or shared for the purpose of the monitoring,”.