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Children's Hearings (Scotland) Act 2011
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Children's Hearings (Scotland) Act 2011, Section 199 is up to date with all changes known to be in force on or before 23 November 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 17A inserted by 2020 asp 16 s. 6(2)
- s. 7A inserted by 2024 asp 5 s. 2(2)
- s. 25(3) inserted by 2020 asp 16 s. 30(7)
- s. 27(3)-(4A) substituted for s. 27(3)(4) by 2020 asp 16 s. 3(2)
- s. 57A 57B and cross-heading inserted by 2024 asp 5 s. 3(7)
- s. 62(5)(q)-(u) inserted by 2020 asp 9 s. 8(2)(b)
- s. 83(2)(ca)(cb) inserted by 2024 asp 5 s. 5(2)(a)
- s. 83(2A) inserted by 2024 asp 5 s. 4(2)(b)
- s. 83(4A) inserted by 2024 asp 5 s. 6(2)(b)
- s. 138(6)(aa) inserted by 2024 asp 5 s. 11(2)(a)(ii)
- s. 138(7A) inserted by 2024 asp 5 s. 11(2)(b)
- s. 144(6) amendment to earlier affecting provision S.S.I. 2022/225, reg. 13(4) by 2024 asp 5 Sch. para. 27(2)(b)
- s. 150(2)(ca)(cb) inserted by 2024 asp 5 s. 6(3)(c)
- s. 163(2)-(2B) substituted for s. 163(2) by 2020 asp 16 s. 27(3)(b)
- s. 164(2)-(2B) substituted for s. 164(2) by 2020 asp 16 s. 27(4)(b)
- s. 165(2)-(2B) substituted for s. 165(2) by 2020 asp 16 s. 27(5)(b)
- s. 177(2)(ha) inserted by 2024 asp 5 s. 2(3)
- s. 179A(5A)(5B) inserted by 2024 asp 5 s. 8(2)(b)
- s. 179B(3)-(6) inserted by 2024 asp 5 s. 8(3)(c)
- s. 179C(4) inserted by 2024 asp 5 s. 8(4)(b)
- s. 179D inserted by 2024 asp 5 s. 9(2)
199Meaning of “child”S
This section has no associated Explanatory Notes
(1)In this Act, “child” means a person who is under [F116] [F118] years of age (but subject to [F2subsections (2) to (9)] [F2subsection (2)]).
(2)In paragraph (o) of section 67(2) and the other provisions of this Act in their application in relation to that paragraph, “child” means a person who is of school age.
(3)[F3Subsection (4) applies where a person becomes 16 years of age—
(a)after section 66 applies in relation to the person, but
(b)before a relevant event.]
(4)[F3For the purposes of the application of this Act to the person, references in this Act to a child include references to the person until a relevant event occurs.]
(5)[F3A relevant event is—
(a)the making of a compulsory supervision order in relation to the person,
(b)the notification of the person under section 68(3) that the question of whether a compulsory supervision order should be made in respect of the person will not be referred to a children's hearing, or
(c)the discharge of the referral.]
(6)[F3Subsection (7) applies if—
(a)a compulsory supervision order is in force in respect of a person on the person's becoming 16 years of age, or
(b)a compulsory supervision order is made in respect of a person on or after the person becomes 16 years of age.]
(7)[F3For the purposes of the application of the provisions of this Act relating to that order, references in this Act to a child include references to the person until whichever of the following first occurs—
(a)the order is terminated, or
(b)the person becomes 18 years of age.]
(8)[F3Subsection (9) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.]
(9)[F3For the purposes of the application of this Act to the person whose case is remitted, references in this Act to a child include references to the person until whichever of the following first occurs—
(a)a children's hearing or the sheriff discharges the referral,
(b)a compulsory supervision order made in respect of the person is terminated, or
(c)the person becomes 18 years of age.]
Textual Amendments
F1Word in s. 199(1) substituted (28.8.2024 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(a)(i), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3)
F2Words in s. 199(1) substituted (28.8.2024 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(a)(ii), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3)
F3S. 199(3)-(9) repealed (28.8.2024 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(b), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3)
Modifications etc. (not altering text)
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