Search Legislation

Children (Care and Justice) (Scotland) Act 2024

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 3

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Children (Care and Justice) (Scotland) Act 2024, Section 3 is up to date with all changes known to be in force on or before 04 July 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Prospective

3Child assessment and child protection measures: secure accommodationS

(1)The 2011 Act is amended as follows.

(2)In section 35 (child assessment orders), in subsection (3), at the end of paragraph (b) insert “(but see section 57A(2)),”.

(3)In section 37 (child protection orders), in subsection (2), at the end of paragraph (b) insert “(but see section 57A(2)),”.

(4)In section 55 (application to justice of the peace), in subsection (1), at the end of paragraph (b) insert “(but see section 57A(2)),”.

(5)In section 56 (constable’s power to remove child to place of safety), in subsection (1), after “may” insert “, subject to section 57A(3),”.

(6)In section 57 (sections 55 and 56: regulations), in subsection (1), after “safety” insert “(other than secure accommodation)”.

(7)After section 57 insert—

Emergency placement of child in secure accommodationS

57AEmergency placement of child in secure accommodation: pre-conditions

(1)Subsection (2) applies to—

(a)a child assessment order,

(b)a child protection order,

(c)an order made by a justice of the peace under section 55.

(2)The order may not include an authorisation that enables the child to be taken or removed to, and kept in, a place or, as the case may be, a place of safety that is secure accommodation unless—

(a)one or more of the conditions mentioned in subsection (4) applies, and

(b)having considered the other options available, the sheriff or, as the case may be, the justice of the peace is satisfied that it is necessary to include such an authorisation in the order.

(3)A constable may not, under section 56(1), remove a child to a place of safety that is secure accommodation and keep the child there unless—

(a)one or more of the conditions mentioned in subsection (4) applies, and

(b)having considered the other options available, the constable is satisfied that it is necessary to do so.

(4)The conditions are—

(a)that—

(i)the child has previously absconded and is likely to abscond again unless the child is kept in secure accommodation, and

(ii)if the child were to abscond, it is likely the child’s health, safety or development would be at risk,

(b)that the child is likely to engage in self-harming conduct unless the child is kept in secure accommodation,

(c)that the child is likely to cause physical or psychological harm to another person unless the child is kept in secure accommodation.

(5)In subsection (4)(c), “psychological harm” includes fear, alarm and distress.

57BEmergency placement of child in secure accommodation: regulations

(1)The Scottish Ministers may by regulations make further provision about the placing and keeping of a child in secure accommodation—

(a)by virtue of—

(i)a child assessment order,

(ii)a child protection order,

(iii)an order made by a justice of the peace under section 55,

(b)by a constable acting under section 56(1).

(2)Regulations under subsection (1) may in particular include provision—

(a)requiring—

(i)the consent of the person in charge of the residential establishment containing the secure accommodation in which the child is to be placed (the “head of unit”),

(ii)the agreement of the chief social work officer,

(b)specifying the criteria to be applied and the procedure to be followed—

(i)by the head of unit in deciding whether to give such consent,

(ii)by the chief social work officer in deciding whether to give such agreement,

(c)specifying the procedure for—

(i)the notification of decisions,

(ii)the giving of reasons for decisions,

(d)imposing requirements in connection with the protection of the welfare of a child being placed and kept in secure accommodation.

(3)Regulations under subsection (1) are subject to the affirmative procedure..

Commencement Information

I1S. 3 not in force at Royal Assent, see s. 38(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: 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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources