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Children (Care and Justice) (Scotland) Act 2024
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This version of this provision is prospective.
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Changes to legislation:
Children (Care and Justice) (Scotland) Act 2024, Section 7 is up to date with all changes known to be in force on or before 23 February 2025. 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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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.
Changes and effects yet to be applied to Section 7:
- Act power to modify conferred by 1995 c. 36, s. 33A (as inserted) by 2024 asp 5 s. 30(2)
- Act power to modify conferred by 2010 asp 8, s. 190(2A) (as substituted) by 2024 asp 5 s. 29(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act power to modify conferred by 1995 c. 36, s. 33A (as inserted) by 2024 asp 5 s. 30(2)
- Act power to modify conferred by 2010 asp 8, s. 190(2A) (as substituted) by 2024 asp 5 s. 29(2)(b)
Prospective
7Compulsory supervision orders: secure accommodation authorisationsS
This section has no associated Explanatory Notes
(1)The 2011 Act is amended as follows.
(2)In section 83 (meaning of “compulsory supervision order”)—
(a)in subsection (6)—
(i)in the opening words, after “conditions” insert “referred to in subsection (5)(b)”,
(ii)for paragraph (a) substitute—
“(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 that the child’s health, safety or development would be at risk,”,
(iii)at the end of paragraph (b) insert “unless the child is kept in secure accommodation,”,
(iv)in paragraph (c), for “injury to another person” substitute “physical or psychological harm to another person unless the child is kept in secure accommodation”,
(b)in subsection (8), after the definition of “medical” insert—
““psychological harm” includes fear, alarm and distress,”.
(3)In section 86 (meaning of “interim compulsory supervision order”), in subsection (4)—
(a)for “(3) to (6)” substitute “(2A) to (8)”,
(b)for “subsection (5)(a)” substitute “subsections (5)(a) and (7)”.
(4)In section 87 (meaning of “medical examination order”)—
(a)in subsection (4)—
(i)for paragraph (a) substitute—
“(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 that the child’s health, safety or development would be at risk,”,
(ii)at the end of paragraph (b) insert “unless the child is kept in secure accommodation,”,
(iii)in paragraph (c), for “injury to another person” substitute “physical or psychological harm to another person unless the child is kept in secure accommodation”,
(b)in subsection (5), after the definition of “medical” insert—
““psychological harm” includes fear, alarm and distress,”.
(5)In section 88 (meaning of “warrant to secure attendance”)—
(a)in subsection (3)—
(i)for paragraph (a) substitute—
“(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 that the child’s health, safety or development would be at risk,”,
(ii)at the end of paragraph (b) insert “unless the child is kept in secure accommodation,”,
(iii)in paragraph (c), for “injury to another person” substitute “physical or psychological harm to another person unless the child is kept in secure accommodation”,
(b)in subsection (4), before the definition of “relevant period” insert—
““psychological harm” includes fear, alarm and distress,”.
Commencement Information
I1S. 7 not in force at Royal Assent, see s. 38(3)
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