Children (Scotland) Act 1995 (c. 36)

Part II U.K. Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 4 U.K. Parental Responsibilities Orders, etc.

Modifications etc. (not altering text)

C1 Pt. II Ch. 4 modified (1.4.1997) by S.I. 1996/3255, reg. 7(1)

Miscellaneous S

90 Consent of child to certain procedures. S

Nothing in this Part of this Act shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the M1 Age of Legal Capacity (Scotland) Act 1991 (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment; and without prejudice to that generality where a condition contained, by virtue of—

(a) section 66(4)(a), section 67(2) or section 69(9)(a) of this Act, in a warrant; or

(b) section 70(5)(a) of this Act, in a supervision requirement,

requires a child to submit to any examination or treatment but the child has the capacity mentioned in the said section 2(4), the examination or treatment shall only be carried out if the child consents.

Marginal Citations

M1 1991 c.50.