Social Work (Scotland) Act 1968

3 (1) In section 40(1) for the words "apparently under the age of seventeen years " there shall be substituted the words " who is apparently a child ".

(2) In section 40(2) for the words " apparently under the age of seventeen years" there shall be substituted the words " who is apparently a child, " and for the words " remand home " there shall be substituted the words " place of safety other than a police station ".

(3) After subsection (2) there shall be inserted the following subsections—

“(3) Where a person who is apparently a child has been detained under this section and is not so liberated as aforesaid and it is decided not to proceed with the charge against him a constable shall so inform the reporter of the local authority for the area in which the child is detained, and the child may continue to be detained in a place of safety until the reporter has decided on the course that should be taken with regard to the child under the provisions of Part III of the Social Work (Scotland) Act 1968.

(4) A child shall not continue to be detained under this section—

(a) where the reporter considers the child does not require compulsory measures of care, or

(b) after the day on which a children's hearing first sit to consider his case in pursuance of section 37(4) of the Social Work (Scotland) Act 1968, or

(c) for a period exceeding seven days.”