The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

The Children (Reciprocal Enforcement of Prescribed Orders etc. (England, Wales and Northern Ireland)) (Scotland) Regulations 1996

14.—(1) The Children (Reciprocal Enforcement of Prescribed Orders etc. (England, Wales and Northern Ireland)) (Scotland) Regulations 1996(1) are amended as follows.

(2) In regulation 1 (interpretation)—

(a) in paragraph (2)—

(i) omit the definition of “the Act”;

(ii) omit the definition of “the 1969 Act”;

(iii) omit the definition of “the Northern Ireland 1968 Act”;

(iv) omit the definition of “the 1950 Act”;

(v) for the definition of “authority” substitute—

““authority” means in relation to Northern Ireland a Health and Social Care Trust established by Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(2) and renamed by section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009(3);”;

(vi) in the definition of “corresponding England and Wales Order” omit “supervision requirement or”;

(vii) in the definition of “corresponding Northern Ireland Order” omit “supervision requirement or”; and

(viii) omit the definition of “supervision requirement”;

(b) in paragraph (4), for “regulations 2 and 4” substitute “regulation 4”; and

(c) in paragraph (5), for “regulations 3 and 5” substitute “regulation 5”.

(3) Omit regulations 2 (transfer of care etc. orders from England and Wales to Scotland) and 3 (transfer of care etc. orders from Northern Ireland to Scotland) and Schedules 1, 2 and 3.

(4) In regulation 4 (the title of which becomes “Transfer of permanence orders from Scotland to England and Wales”)—

(a) for paragraph (1) substitute—

“(1) A permanence order, as described and listed in column 1 of Schedule 4 (appearing to the Secretary of State as generally corresponding in effect to a care order as described and listed in column 2 of that Schedule) shall, in the circumstances described in paragraphs (2) and (3) have effect for all the purposes of the 1989 Act as if it were a care order made under the 1989 Act placing the child in the care of the local authority in whose area the child is to live.”;

(b) in paragraph (2) omit sub-paragraph (a);

(c) in paragraph (3) omit “, supervision or education supervision”, “through the Principal Reporter in the case of a supervision requirement, or, in the case of a permanence order” and “supervision requirement or”; and

(d) in paragraph (4) omit “supervision requirements and”.

(5) In regulation 5 (the title of which becomes “Transfer of permanence orders from Scotland to Northern Ireland”)—

(a) for paragraph (1) substitute—

“(1) A permanence order, as described and listed in column 1 of Schedule 5 (appearing to the Secretary of State as generally corresponding in effect to a care order as described and listed in column 2 of that Schedule) shall, in the circumstances described in paragraphs (2) and (3) have effect for all the purposes of the 1995 Order as if it were a care order made under the 1995 Order placing the child in the care of the authority in whose area the child is to live.”;

(b) in paragraph (2) omit sub-paragraph (a);

(c) in paragraph (3) omit “, supervision or education supervision, probation or training”, “through the Principal Reporter in the case of a supervision requirement, or, in the case of a permanence order” and “supervision requirement or”; and

(d) in paragraph (4) omit “supervision requirements and”.

(6) In Schedule 4 omit all but paragraph 6 in columns 1 and 2 (C. court orders and family court orders).

(7) In Schedule 5 omit all but paragraph 6 in columns 1 and 2 (C. court orders and the Children (Northern Ireland) Order 1995).

(1)

S.I. 1996/3267 as amended by S.S.I. 2009/420 and S.I. 2011/1740.

(2)

S.I. 1991/194 (N.I. 1).

(3)

2009 c.1 (N.I.).