Social Work (Scotland) Act 1968

72 Supervision of children moving to England or Wales or Northern Ireland. U.K.

(1) Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—

(a) discharge the supervision requirement; or

(b) send notification of the requirement

[F1 (i) in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);

(ii) in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).]

in which the child proposes to reside or is residing.

[F2 (1A) [F3 A youth court]to which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 [F4 12A, 12AA, 12B or 12C]]of the M1 Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—

[F5 [(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .]

(b) section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.]

[F6 (2) A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—

(a) if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;

(b) if he is over the age of fourteen years, a probation order; or

(c) in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.

(2A) An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.

(2B) Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.]

(3) Where a case is disposed of by a [F7 youth court or, as the case may be]juvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 72(1)(b)(i)(ii) substituted (1.10.1992) for words in s. 72(1)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(a) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F2 S. 72(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(1)

F3 Words in s.72(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(i) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F4 Words in s. 72(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(ii) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2.

F5 S. 72(1A)(a) and word following it repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(b)(iii), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2.

F6 S. 72(2)(2A)(2B) substituted for s. 72(2) (4.11.1996) by S.I. 1995/756, art. 5(2); S.R. 1996/297, art. 3

F7 Words in s. 72(3) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9.(d) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F8 S. 72(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(e), Sch. 13 (with s. 28 ); S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1969 c. 54.