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Children and Young People (Scotland) Act 2014
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- 2014 asp 8
- PART 16
- Section 84
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Children and Young People (Scotland) Act 2014, Section 84 is up to date with all changes known to be in force on or before 12 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 Section 84:
- specified provision(s) revocation of earlier commencing provision S.S.I. 2016/60, art. 2(a)(i)(ii) by S.S.I. 2016/233 art. 2
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. 16A inserted by 2024 asp 5 s. 25(2)
84Power to determine that deeming of person as relevant person to endS
This section has no associated Explanatory Notes
(1)The 2011 Act is amended as follows.
(2)In section 79—
(a)in subsection (1), for “This section applies” substitute “ Subsections (2) to (5) apply ”,
(b)after subsection (1), insert—
“(1A)Subsection (5A) applies (in addition to subsections (2) to (5)) where the children's hearing is—
(a)a subsequent children's hearing under Part 11, or
(b)held for the purposes of reviewing a compulsory supervision order.”,
(c)after subsection (5), insert—
“(5A)The Principal Reporter—
(a)must refer the matter of whether an individual deemed to be a relevant person by virtue of section 81 should continue to be deemed to be a relevant person in relation to the child for determination by a pre-hearing panel if requested to do so by—
(i)the individual so deemed,
(ii)the child, or
(iii)a relevant person in relation to the child,
(b)may refer that matter for determination by a pre-hearing panel on the Principal Reporter's own initiative.”.
(3)After section 81, insert—
“81ADetermination that deeming of person as relevant person to end
(1)This section applies where a matter mentioned in section 79(5A)(a) is referred to a meeting of a pre-hearing panel.
(2)Where the matter is referred along with any other matter, the pre-hearing panel must determine it before determining the other matter.
(3)The pre-hearing panel must determine that the individual is no longer to be deemed to be a relevant person if it considers that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child.
(4)Where the pre-hearing panel makes a determination as described in subsection (3), section 81(4) ceases to apply in relation to the individual.
(5)Where, by virtue of section 80(3), the children's hearing is to determine a matter mentioned in section 79(5A)(a), references in subsections (2) to (4) to the pre-hearing panel are to be read as references to the children's hearing.”.
Commencement Information
I1S. 84 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
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