- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/1996)
- Gwreiddiol (Fel y'i Deddfwyd)
No versions valid at: 01/10/1996
Point in time view as at 01/10/1996. This version of this provision is not valid for this point in time.
Children (Scotland) Act 1995, Section 61 is up to date with all changes known to be in force on or before 21 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Yn ddilys o 01/04/1997
(1)Where, on the application of any person, a justice of the peace is satisfied—
(a)both that the conditions laid down for the making of a child protection order in section 57(1) of this Act are satisfied and that it is probable that any such order, if made, would contain an authorisation in terms of paragraph (b) or (c) of subsection (4) of that section; but
(b)that it is not practicable in the circumstances for an application for such an order to be made to the sheriff or for the sheriff to consider such an application,
he may grant to the applicant an authorisation under this section.
(2)Where on the application for a local authority a justice of the peace is satisfied—
(a)both that the conditions laid down for the making of a child protection order in section 57(2) of this Act are satisfied and that it is probable that any such order, if made, would contain an authorisation in terms of paragraph (b) or (c) of subsection (4) of that section; but
(b)that it is not practicable in the circumstances for an application for such an order to be made to the sheriff or for the sheriff to consider such an application,
he may grant an authorisation under this section.
(3)An authorisation under this section may—
(a)require any person in a position to do so to produce the child to the applicant;
(b)prevent any person from removing a child from a place where he is then being accommodated;
(c)authorise the applicant to remove the child to a place of safety and to keep him there until the expiration of the authorisation.
(4)An authorisation under this section shall cease to have effect—
(a)twelve hours after being made, if within that time—
(i)arrangements have not been made to prevent the child’s removal from any place specified in the authorisation; or
(ii)he has not been, or is not being, taken to a place of safety; or
(b)where such arrangements have been made or he has been so taken when—
(i)twenty-four hours have expired since it was so given; or
(ii)an application for a child protection order in respect of the child is disposed of,
whichever is the earlier.
(5)Where a constable has reasonable cause to believe that—
(a)the conditions for the making of a child protection order laid down in section 57(1) are satisfied;
(b)that it is not practicable in the circumstances for him to make an application for such an order to the sheriff or for the sheriff to consider such an application; and
(c)that, in order to protect the child from significant harm (or further such harm), it is necessary for him to remove the child to a place of safety,
he may remove the child to such a place and keep him there.
(6)The power conferred by subsection (5) above shall not authorise the keeping of a child in a place of safety for more than twenty four hours from the time when the child is so removed.
(7)The authority to keep a child in a place of safety conferred by subsection (5) above shall cease on the disposal of an application in relation to the child for a child protection order.
(8)A child shall not be—
(a)kept in a place of safety; or
(b)prevented from being removed from any place,
under this section where the Principal Reporter considers that the conditions for the grant of an authorisation under subsection (1) or (2) above or the exercise of the power conferred by subsection (5) above are not satisfied, or that it is no longer in the best interests of the child that he should be so kept.
Modifications etc. (not altering text)
C1S. 61(1)(2)(5) applied (1.4.1997) by S.I. 1996/3258, regs. 12-16
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys