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Children (Scotland) Act 1995

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Point in time view as at 01/11/2024.

Changes to legislation:

Children (Scotland) Act 1995, Part II is up to date with all changes known to be in force on or before 24 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. Help about Changes to Legislation

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Part IIU.K. Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 1U.K. Support for Children and Their Families

Modifications etc. (not altering text)

C1Pt. II Ch. 1 (ss. 16-38) modifed (1.4.1997) by S.I. 1996/3255, reg. 7(1)

IntroductoryU.K.

16 Welfare of child and consideration of his views.S

(1)Where under or by virtue of this Part of this Act, F1... a court determines, any matter with respect to a child the welfare of that child throughout his childhood shall be F2... its paramount consideration.

(2)In the circumstances mentioned in subsection (4) below, F3... the sheriff, taking account of the age and maturity of the child concerned, shall so far as practicable—

(a)give him an opportunity to indicate whether he wishes to express his views;

(b)if he does so wish, give him an opportunity to express them; and

(c)have regard to such views as he may express;

and without prejudice to the generality of this subsection a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view.

(3)In the circumstances mentioned in subsection [F4(4) ] of this section, no F5... order so mentioned shall be made with respect to the child concerned unless F6... the sheriff considers, that it would be better for the child that the F5... order be made than that none should be made at all.

[F7(4)The circumstances to which subsection (2) refers are that the sheriff is considering whether to make, vary or discharge an exclusion order.]

(5)If, for the purpose of protecting members of the public from serious harm (whether or not physical harm)—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a court considers it necessary to make a determination under or by virtue of [F9Chapter 1 or 3] of this Part of this Act which (but for this paragraph) would not be consistent with its affording such paramountcy, it may make that determination.

Textual Amendments

17 Duty of local authority to child looked after by them.S

(1)Where a child is looked after by a local authority they shall, in such manner as the Secretary of State may prescribe—

(a)safeguard and promote his welfare (which shall, in the exercise of their duty to him be their paramount concern);

(b)make such use of services available for children cared for by their own parents as appear to the authority reasonable in his case; F10...

(c)take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person with parental responsibilities in relation to him as appear to them to be, having regard to their duty to him under paragraph (a) above, both practicable and appropriate [F11; and

(d)take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person mentioned in subsection (1A) as appear to them to be appropriate having regard to their duty to the child under paragraph (a).]

[F12(1A)The persons referred to in subsection (1)(d) are—

(a)a sibling of the child, and

(b)any other person with whom the child has lived and with whom the child has an ongoing relationship with the character of a relationship between siblings.

(1B)For the purposes of subsection (1A), two people are siblings if they have at least one parent in common.]

(2)The duty under paragraph (a) of subsection (1) above includes, without prejudice to that paragraph’s generality, the duty of providing advice and assistance with a view to preparing the child for when he is no longer looked after by a local authority.

(3)Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the views of—

(a)the child;

(b)his parents;

(c)any person who is not a parent of his but who has parental rights in relation to him; F13...

[F14(ca)any person mentioned in subsection (1A); and]

(d)any other person whose views the authority consider to be relevant,

regarding the matter to be decided.

(4)In making any such decision a local authority shall have regard so far as practicable—

(a)to the views (if he wishes to express them) of the child concerned, taking account of his age and maturity;

(b)to such views of any person mentioned in subsection (3)(b) to (d) above as they have been able to ascertain; and

(c)to the child’s religious persuasion, racial origin and cultural and linguistic background.

(5)If, for the purpose of protecting members of the public from serious harm (whether or not physical harm) a local authority consider it necessary to exercise, in a manner which (but for this paragraph) would not be consistent with their duties under this section, their powers with respect to a child whom they are looking after, they may do so.

(6)Any reference in this Chapter of this Part to a child who is “looked after” by a local authority, is to a child—

(a)for whom they are providing accommodation under section 25 of this Act;

[F15(b)who is subject to a compulsory supervision order or an interim compulsory supervision order and in respect of whom they are the implementation authority (within the meaning of the Children's Hearings (Scotland) Act 2011);]

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)who is subject to an order in accordance with which, by virtue of regulations made under section 33(1) of this Act [F17or section 190 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (effect of Orders made outwith Scotland)], they have [F18responsibilities as respects the child ] [F19; or

(e)in respect of whom a permanence order has, on an application by them under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4), been made and has not ceased to have effect.]

(7)Regulations made by the Secretary of State under subsection (1) above may, without prejudice to the generality of that subsection, include—

(a)provision as to the circumstances in which the child may be cared for by the child’s own parents; and

(b)procedures which shall be followed in the event of the child’s death.

Textual Amendments

Modifications etc. (not altering text)

C2S. 17(1) applied (1.4.1997) by S.I. 1996/3263, reg. 6(2)

C3S. 17(1)-(5) applied (1.4.1997) by S.I. 1996/3262, reg. 3(2)(b)

Commencement Information

I1S. 17 wholly in force at 1.4.1997; s. 17 not in force at Royal Assent see s. 105(1), s. 17 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 17 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

[F2017ADetained children to be treated as looked after childrenU.K.

(1)This section applies where a child is detained in secure accommodation by virtue of section 51(1)(a), 205(2), 208(1) or, as the case may be, 216(7) of the Criminal Procedure (Scotland) Act 1995.

(2)The relevant local authority in relation to the child has the same duties towards the child as it would have by virtue of sections 17, 29, 30 and 31 if the child were looked after by that local authority.

(3)In subsection (2), the “relevant local authority”, in relation to a child, has the same meaning as in section 201 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

18 Duty of persons with parental responsibilities to notify change of address to local authority looking after child.U.K.

(1)Where a child is being looked after by a local authority, each natural person who has parental responsibilities in relation to the child shall, without unreasonable delay, inform that authority whenever the person changes his address.

(2)A person who knowingly fails to comply with the requirement imposed by subsection (1) above shall be liable on summary conviction to a fine of level 1 on the standard scale; but in any proceedings under this section it shall be a defence that—

(a)the change was to the same address as that to which another person who at that time had parental responsibilities in relation to the child was changing; and

(b)the accused had reasonable cause to believe that the other person had informed the authority of the change of address of them both.

Provision of servicesU.K.

F2119 Local authority plans for services for children.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

20 Publication of information about services for children.S

(1)A local authority shall, within such period after the coming into force of this section as the Secretary of State may direct, and thereafter from time to time, prepare and publish information—

(a)about relevant services which are provided by them for or in respect of children (including, without prejudice to that generality, services for or in respect of disabled children or children otherwise affected by disability) in their area or by any other local authority for those children; and

(b)where they consider it appropriate, about services which are provided by voluntary organisations and by other persons for those children, being services which the authority have power to provide and which, were they to do so, they would provide as relevant services.

[F22(2)In subsection (1) above, “relevant services” means services provided by a local authority under or by virtue of—

(a)this Part of this Act;

(b)the Children's Hearings (Scotland) Act 2011;

(c)Part 12 or 13 of the Children and Young People (Scotland) Act 2014; or

(d)any of the enactments mentioned in section 5(1B)(a) to (n), (r) or (t) of the Social Work (Scotland) Act 1968.]

Textual Amendments

Commencement Information

I2S. 20 wholly in force at 1.4.1997; s. 20 not in force at Royal Assent see s. 105(1); s. 20 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 20 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

21 Co-operation between authorities.S

(1)Where it appears to a local authority that an appropriate person could, by doing certain things, help in the exercise of any of their functions under this Part of this Act, they may, specifying what those things are, request the help of that person.

(2)For the purposes of subsection (1) above, persons who are appropriate are—

(a)any other local authority;

(b)a health board constituted under section 2 of the M1National Health Service (Scotland) Act 1978;

(c)a national health service trust established under section 12A of that Act; and

(d)any person authorised by the Secretary of State for the purposes of this section;

and an appropriate person receiving such a request shall comply with it provided that it is compatible with their own statutory or other duties and obligations and (in the case of a person not a natural person) does not unduly prejudice the discharge of any of their functions.

Marginal Citations

22 Promotion of welfare of children in need.S

(1)A local authority shall—

(a)safeguard and promote the welfare of children in their area who are in need; and

(b)so far as is consistent with that duty, promote the upbringing of such children by their families,

by providing a range and level of services appropriate to the children’s needs.

(2)In providing services under subsection (1) above, a local authority shall have regard so far as practicable to each child’s religious persuasion, racial origin and cultural and linguistic background.

(3)Without prejudice to the generality of subsection (1) above—

(a)a service may be provided under that subsection—

(i)for a particular child;

(ii)if provided with a view to safeguarding or promoting his welfare, for his family; or

(iii)if provided with such a view, for any other member of his family; and

(b)the services mentioned in that subsection may include giving assistance in kind or, in exceptional circumstances, in cash.

(4)Assistance such as is mentioned in subsection (3)(b) above may be given unconditionally or subject to conditions as to the repayment, in whole or in part, of it or of its value; but before giving it, or imposing such conditions, the local authority shall have regard to the means of the child concerned and of his parents and no condition shall require repayment by a person at any time when in receipt of—

[F23(za)universal credit under Part 1 of the Welfare Reform Act 2012;]

(a)income supportor [F24working families’ tax credit] payable under the M2Social Security Contributions and Benefits Act 1992;

F25[(aa)any element of child tax credit other than the family element or working tax credit;] or

(b)an income-based jobseeker’s allowance payable under the M3Jobseekers Act 1995[F26; or

(c)an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).]

Textual Amendments

F24Words in s. 22 substituted (5.10.1999) by 1999 c. 10, ss. 1(2), 20, Sch. 1 paras. 1, 6(j)

F25S. 22(4)(aa) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 50; S.I. 2003/962, art. 2(3)(d)(iii) (subject to arts 3, 4)

F26S. 22(4)(c) and word inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 14; S.I 2008/787, {art. 2(4)(f)}

Modifications etc. (not altering text)

C6S. 22 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)

Marginal Citations

23 Children affected by disability.S

(1)Without prejudice to the generality of subsection (1) of section 22 of this Act, services provided by a local authority under that subsection shall be designed—

(a)to minimise the effect on any—

(i)disabled child who is within the authority’s area, of his disability; and

(ii)child who is within that area and is affected adversely by the disability of any other person in his family, of that other person’s disability; and

(b)to give those children the opportunity to lead lives which are as normal as possible.

(2)For the purposes of this Chapter of this Part a person is disabled if he is chronically sick or disabled or [F27has a mental disorder (as defined in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13))].

(3)Where requested to do so by [F28—

(a)] a child’s parent or guardian [F29; or

(b)a mental health officer (as defined in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) who—

(i)has responsibility under that Act or the Criminal Procedure (Scotland) Act 1995 (c. 46) for a child’s case; and

(ii)makes the request for the purposes of either of those Acts,]

a local authority shall, for the purpose of facilitating the discharge of such duties as the authority may have under section 22(1) of this Act (whether or not by virtue of subsection (1) above) as respects the child, carry out an assessment of the child, or of any other person in the child’s family, to determine the needs of the child in so far as attributable to his disability or to that of the other person.

[F30(4)In determining the needs of a child under subsection (3) above, the local authority shall take account—

[F31(a)if an adult carer provides, or intends to provide, care for the child, of the care provided by that carer,

(aa)if a young carer provides, or intends to provide, care for the child, of the care provided by that carer,]

(b)in so far as it is reasonable and practicable to do so, of—

(i)the views of the parent or guardian of the child, and the child; F32...

F32(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

provided that the parent, guardian, [F33or child] in question has a wish, or as the case may be, a capacity, to express a view.]

[F34(5)In subsection (4)(a) and (aa), the reference to the care provided by a carer means—

(a)in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,

(b)in the case of a young carer who has a young carer statement, the information about that care set out in that statement.

(6)In—

(a)determining the needs of a child under subsection (3),

(b)deciding whether to provide any services under section 22(1), and

(c)deciding how any such services are to be provided,

a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.

(7)In this section—

  • “adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,

  • “young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.]

Textual Amendments

F28Word in s. 23(3) become s. 23(3)(a) (5.10.2005) by virtue of Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 227(2)(a), 333(3); S.S.I. 2005/161, art. 3 (as amended by S.S.I. 2005/375, art. 2)

F30S. 23(4) inserted (1.9.2002) by 2002 asp 5, s. 10; S.S.I. 2002/170, art. 2(4)

F31S. 23(4)(a)(aa) substituted for s. 23(4)(a) (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(6)(a), 45(2); S.S.I. 2017/152, reg. 4

F32S. 23(4)(b)(ii) and word repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(6)(b)(i), 45(2); S.S.I. 2017/152, reg. 4

F33Words in s. 23(4)(b) substituted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(6)(b)(ii), 45(2); S.S.I. 2017/152, reg. 4

[F3523ASections 17, 22 and 26A: consideration of wellbeingS

(1)This section applies where a local authority is exercising a function under or by virtue of section 17, 22 or 26A of this Act.

(2)The local authority must have regard to the general principle that functions should be exercised in relation to children and young people in a way which is designed to safeguard, support and promote their wellbeing.

(3)For the purpose of subsection (2) above, the local authority is to assess the wellbeing of a child or young person by reference to the extent to which the matters listed in section 96(2) of the 2014 Act are or, as the case may be, would be satisfied in relation to the child or young person.

(4)In assessing the wellbeing of a child or young person as mentioned in subsection (3) above, a local authority is to have regard to the guidance issued under section 96(3) of the 2014 Act.

(5)In this section, “the 2014 Act” means the Children and Young People (Scotland) Act 2014.]

Textual Amendments

F3624 Assessment of ability of carers to provide care for disabled children.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3724A Duty of local authority to provide information to carer of disabled childS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

25 Provision of accommodation for children, etc.S

(1)A local authority shall provide accommodation for any child who, residing or having been found within their area, appears to them to require such provision because—

(a)no-one has parental responsibility for him;

(b)he is lost or abandoned; or

(c)the person who has been caring for him is prevented, whether or not permanently and for whatever reason, from providing him with suitable accommodation or care.

(2)Without prejudice to subsection (1) above, a local authority may provide accommodation for any child within their area if they consider that to do so would safeguard or promote his welfare.

(3)A local authority may provide accommodation for any person within their area who is at least eighteen years of age but not yet twenty-one, if they consider that to do so would safeguard or promote his welfare.

(4)A local authority providing accommodation under subsection (1) above for a child who is ordinarily resident in the area of another local authority shall notify the other authority, in writing, that such provision is being made; and the other authority may at any time take over the provision of accommodation for the child.

(5)Before providing a child with accommodation under this section, a local authority shall have regard, so far as practicable, to his views (if he wishes to express them), taking account of his age and maturity; and without prejudice to the generality of this subsection a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view.

(6)Subject to subsection (7) below—

(a)a local authority shall not provide accommodation under this section for a child if any person who—

(i)has parental responsibilities in relation to him and the parental rights mentioned in section 2(1)(a) and (b) of this Act; and

(ii)is willing and able either to provide, or to arrange to have provided, accommodation for him,

objects; and

(b)any such person may at any time remove the child from accommodation which has been provided by the local authority under this section.

(7)Paragraph (a) of subsection (6) above does not apply—

(a)as respects any child who, being at least sixteen years of age, agrees to be provided with accommodation under this section; or

(b)where a residence order has been made in favour of one or more persons and that person has, or as the case may be those persons have, agreed that the child should be looked after in accommodation provided by, or on behalf of, the local authority;

and paragraph (b) of that subsection does not apply where accommodation has been provided for a continuous period of at least six months (whether by a single local authority or, by virtue of subsection (4) above, by more than one local authority), unless the person removing the child has given the local authority for the time being making such provision at least fourteen days’ notice in writing of his intention to remove the child.

(8)In this Part of this Act, accommodation means, except where the context otherwise requires, accommodation provided for a continuous period of more than twenty-four hours.

Modifications etc. (not altering text)

C7S. 25 modified (1.4.1997) by 1984 c. 56, s. 12(5) (as substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(5) (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3))

26 Manner of provision of accommodation to child looked after by local authority.U.K.

(1)A local authority may provide accommodation for a child looked after by them by—

(a)placing him with—

(i)a family (other than such family as is mentioned in paragraph (a) or (b) of the definition of that expression in section 93(1) of this Act);

(ii)a relative of his; or

(iii)any other suitable person

F38. . . ;

(b)maintaining him in a residential establishment; or

(c)making such other arrangements as appear to them to be appropriate, including (without prejudice to the generality of this paragraph) making use of such services as are referred to in section 17(1)(b) of this Act.

(2)A local authority may arrange for a child whom they are looking after—

(a)to be placed, under subsection (1)(a) above, with a person in England and Wales or in Northern Ireland; or

(b)to be maintained in any accommodation in which—

(i)[F39a local authority in England and Wales could maintain him by virtue of section 23(2)(b) to (e) of the M4Children Act 1989; or]

[F39a local authority in England and Wales could place the child in a placement falling within section 22C(6)(c) of the Children Act 1989;]

(ii)an authority within the meaning of the M5Children (Northern Ireland) Order 1995 could maintain him by virtue of [F40Article 27(2)(aa)] of that Order.

Extent Information

E1S. 26(1) extends to Scotland only; s. 26(2) extends also to England, Wales and Northern Ireland; see s. 105(1) and (8)

Textual Amendments

Marginal Citations

[F4126AProvision of continuing care: looked after childrenU.K.

(1)This section applies where an eligible person ceases to be looked after by a local authority.

(2)An “eligible person” is a person who—

(a)is at least sixteen years of age, and

(b)is not yet such higher age as may be specified.

(3)Subject to subsection (5) below, the local authority must provide the person with continuing care.

(4)“Continuing care” means the same accommodation and other assistance as was being provided for the person by the authority, in pursuance of this Chapter of this Part, immediately before the person ceased to be looked after.

(5)The duty to provide continuing care does not apply if—

(a)the accommodation the person was in immediately before ceasing to be looked after was secure accommodation,

(b)the accommodation the person was in immediately before ceasing to be looked after was a care placement and the carer has indicated to the authority that the carer is unable or unwilling to continue to provide the placement, or

(c)the local authority considers that providing the care would significantly adversely affect the welfare of the person.

(6)A local authority's duty to provide continuing care lasts, subject to subsection (7) below, until the expiry of such period as may be specified.

(7)The duty to provide continuing care ceases if—

(a)the person leaves the accommodation of the person's own volition,

(b)the accommodation ceases to be available, or

(c)the local authority considers that continuing to provide the care would significantly adversely affect the welfare of the person.

(8)For the purposes of subsection (7)(b) above, the situations in which accommodation ceases to be available include—

(a)in the case of a care placement, where the carer indicates to the authority that the carer is unable or unwilling to continue to provide the placement,

(b)in the case of a residential establishment provided by the local authority, where the authority closes the establishment,

(c)in the case of a residential establishment provided under arrangements made by the local authority, where the arrangements come to an end.

(9)The Scottish Ministers may by order—

(a)make provision about when or how a local authority is to consider whether subsection (5)(c) or (7)(c) above is the case,

(b)modify subsection (5) above so as to add, remove or vary a situation in which the duty to provide continuing care does not apply,

(c)modify subsection (7) or (8) above so as to add, remove or vary a situation in which the duty to provide continuing care ceases.

(10)If a local authority becomes aware that a person who is being provided with continuing care has died, the local authority must as soon as reasonably practicable notify—

(a)the Scottish Ministers, and

(b)Social Care and Social Work Improvement Scotland.

(11)An order under this section—

(a)may make different provision for different purposes,

(b)is subject to the affirmative procedure.

(12)Before making an order under this section, the Scottish Ministers must consult—

(a)each local authority, and

(b)such other persons as they consider appropriate.

(13)In this section—

  • “carer”, in relation to a care placement, means the family or persons with whom the placement is made,

  • “care placement” means a placement such as is mentioned in section 26(1)(a) of this Act,

  • “specified” means specified by order made the Scottish Ministers.]

Textual Amendments

F41S. 26A inserted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 67(1), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

27 Day care for pre-school and other children.S

(1)Each local authority shall provide such day care for children in need within their area who—

(a)are aged five or under; and

(b)have not yet commenced attendance at a school,

as is appropriate; and they may provide such day care for children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) but are not in need.

[F42(1A)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children in need within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above about how they should provide day care for such children in pursuance of that subsection; and

(b)after having had regard to the views expressed, prepare and publish their plans for how they intend to provide day care for such children in pursuance of that subsection.

(1B)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above but are not in need about whether and if so how they should provide day care for such children under that subsection; and

(b)after having had regard to the views expressed, prepare and publish their plans in relation to the provision of day care for such children under that subsection.]

(2)A local authority may provide facilities (including training, advice, guidance and counselling) for those—

(a)caring for children in day care; or

(b)who at any time accompany such children while they are in day care.

(3)Each local authority shall provide for children in need within their area who are in attendance at a school such care—

(a)outside school hours; or

(b)during school holidays,

as is appropriate; and they may provide such care for children within their area who are in such attendance but are not in need.

[F43(3A)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children in need within their area who are in attendance at a school about how they should provide appropriate care for such children in pursuance of subsection (3) above; and

(b)after having had regard to the views expressed, prepare and publish their plans for how they intend to provide appropriate care for such children in pursuance of that subsection.

(3B)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children within their area who are in attendance at a school but are not in need about whether and if so how they should provide appropriate care for such children under subsection (3) above; and

(b)after having had regard to the views expressed, prepare and publish plans in relation to the provision of appropriate care for such children in their area under that subsection.

(3C)The Scottish Ministers may by order modify subsection (1A), (1B), (3A) or (3B) above so as to vary the regularity within which a local authority must consult and plan in pursuance of that subsection.

(3D)An order made under subsection (3C) above is subject to the negative procedure.]

(4)In this section—

  • “day care” means any form of care provided for children during the day, whether or not it is provided on a regular basis; and

  • “school” has the meaning given by section 135(1) of the M6Education (Scotland) Act 1980.

Textual Amendments

Marginal Citations

28 Removal of power to arrange for emigration of children.S

Section 23 of the M7Social Work (Scotland) Act 1968 (which provides a power for local authorities and voluntary associations, with the consent of the Secretary of State, to make arrangements for the emigration of children in their care) shall cease to have effect.

Marginal Citations

Advice and assistance for young persons formerly looked after by local authoritiesS

29 After-care.S

(1)A local authority shall, unless they are satisfied that his welfare does not require it, advise, guide and assist any person in their area [F44who is at least sixteen] but not yet nineteen years of age who, [F45either—

(a)was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or

(b)is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.]

[F46(1A)An order made under subsection (1)(b) above is subject to the affirmative procedure.]

(2)If a person within the area of a local authority is at least nineteen, but is less than [F47twenty-six], years of age and is otherwise a person such as is described in subsection (1) above, he may by application to the authority request that they provide him with advice, guidance and assistance; F48...

[F49(2A)Subsections (1) and (2) above do not apply to a person during any period when the person is being provided with continuing care under section 26A of this Act.]

(3)[F50Subject to section 73(2) of the Regulation of Care (Scotland) Act 2001 (asp 8),] assistance given under subsection (1) [F51above or (5A) or (5B) below] may include assistance in kind or in cash.

(4)Where a person—

(a)[F52who is at least sixteen years of] age ceases to be looked after by a local authority; or

(b)described in subsection (1) above is being provided with advice, guidance or assistance by a local authority,

they shall, if he proposes to reside in the area of another local authority, inform that other local authority accordingly provided that he consents to their doing so.

[F53(5)It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person’s needs.

[F54(5A)After carrying out an assessment under subsection (5) above in pursuance of an application made by a person under subsection (2) above, the local authority—

(a)must, if satisfied that the person has any eligible needs which cannot be met other than by taking action under this subsection, provide the person with such advice, guidance and assistance as it considers necessary for the purposes of meeting those needs; and

(b)may otherwise provide such advice, guidance and assistance as it considers appropriate having regard to the person's welfare.

(5B)A local authority may (but is not required to) continue to provide advice, guidance and assistance to a person in pursuance of subsection (5A) after the person reaches the age of twenty-six.]

(6)Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to [F55(5B)] above.

(7)In subsection (1) above, the reference to having been “looked after by a local authority” shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act (“local authority in England and Wales” being construed in accordance with subsection (1) of that section).]

[F56(8)For the purposes of subsection (5A)(a) above, a person has “eligible needs” if the person needs care, attention or support of such type as the Scottish Ministers may by order specify.

(9)An order made under subsection (8) is subject to the affirmative procedure.

(10)If a local authority becomes aware that a person who is being provided with advice, guidance or assistance by them under this section has died, the local authority must as soon as reasonably practicable notify—

(a)the Scottish Ministers; and

(b)Social Care and Social Work Improvement Scotland.]

Textual Amendments

F44Words in s. 29(1) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(a)(i), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F45Words in s. 29(1) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(a)(ii), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F46S. 29(1A) inserted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(b), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F47Word in s. 29(2) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(c)(i), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F48Words in s. 29(2) repealed (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(c)(ii), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F50Words in s. 29(3) inserted (5.12.2003) by 2001 asp 8, ss. 73(1)(a), 81(2); S.S.I. 2003/596, art. 3(1)

F51Words in s. 29(3) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(d), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F52Words in s. 29(4) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(e), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F53S. 29(5)-(7) inserted (1.4.2004) by 2001 asp 8, ss. 73(1)(b), 81(2); S.S.I. 2003/596, art. 3(2)

F54S. 29(5A)(5B) inserted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(f), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F55Word in s. 29(6) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(g), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F56S. 29(8)-(10) inserted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(h), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

Modifications etc. (not altering text)

C8S. 29 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)

30 Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.S

(1)Without prejudice to section 12 of the M8Social Work (Scotland) Act 1968 (general social welfare services of local authorities), a local authority may make—

(a)grants to any relevant person in their area to enable him to meet expenses connected with his receiving education or training; and

(b)contributions to the accommodation and maintenance of any such person in any place near where he may be—

(i)employed, or seeking employment; or

(ii)receiving education or training.

(2)[F57A] person is a relevant person for the purposes of subsection (1) above if—

(a)he is [F58at least sixteen years of ] age but not yet [F59twenty-six] years of age; and

[F60(b)he either—

(i)was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or

(ii)is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.

(2A)An order made under subsection (2)(b)(ii) above is subject to the affirmative procedure.]

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Word in s. 30(2) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(3)(a)(i), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F58Words in s. 30(2)(a) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), s. 66(3)(a)(ii)(A), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F59Word in s. 30(2)(a) substituted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), s. 66(3)(a)(ii)(B), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F60S. 30(2)(b)(2A) substituted for s. 30(2)(b) (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(3)(a)(iii), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

F61S. 30(3)(4) omitted (1.8.2014 for specified purposes, 1.4.2015 in so far as not already in force) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(3)(b), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2015/61, art. 2(1)(2), sch.

Modifications etc. (not altering text)

C9S. 30 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)

Marginal Citations

Miscellaneous and GeneralU.K.

31 Review of case of child looked after by local authority.S

(1)Without prejudice to their duty under section 17(1)(a) of this Act, it shall be the duty of a local authority who are looking after a child to review his case at such intervals as may be prescribed by the Secretary of State.

(2)The Secretary of State may prescribe—

(a)different intervals in respect of the first such review and in respect of subsequent reviews;

(b)the manner in which cases are to be reviewed under this section;

(c)the considerations to which the local authority are to have regard in reviewing cases under this section.

Commencement Information

I3S. 31 wholly in force at 1.4.1997; s. 31 not in force at Royal Assent see s. 105(1); s. 31 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 31 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

32 Removal of child from residential establishment.S

A local authority, notwithstanding any agreement made in connection with the placing of a child in a residential establishment under this Chapter, or Chapter 4, of this Part of this Act by them—

(a)may, at any time; and

(b)shall, if requested to do so by the person responsible for the establishment,

remove a child so placed.

33 Effect of orders etc. made in different parts of the United Kingdom.U.K.

(1)The Secretary of State may make regulations providing for a prescribed order which is made by a court in England and Wales or in Northern Ireland, if that order appears to him to correspond generally to an order of a kind which may be made under this Part of this Act F62F63..., to have effect in prescribed circumstances and for prescribed purposes of the law of Scotland as if it were an order of that kind F64F63....

(2)The Secretary of State may make regulations providing—

(a)for a prescribed order made under this Part of this Act by a court in Scotland; F65...

F66F67(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if that order F68F69... appears to him to correspond generally to an order of a kind which may be made under any provision of law in force in England and Wales or in Northern Ireland, to have effect in prescribed circumstances and for prescribed purposes of the law of England and Wales, or as the case may be of Northern Ireland, as if it were an order of that kind.

(3)Regulations under subsection (1) or (2)(a) above may provide for the order given effect for prescribed purposes to cease to have effect for those purposes, or for the purposes of the law of the place where the order was made, if prescribed conditions are satisfied.

F70F71(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Regulations under this section may modify any provision of—

(a)the M9Social Work (Scotland) Act 1968 or this Act in any application which the Acts may respectively have, by virtue of the regulations, in relation to an order made otherwise than in Scotland;

(b)the M10Children Act 1989 or the M11Children and Young Persons Act 1969 [F72or sections 63 to 67 of and Schedules 6 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000] in any application which those Acts may respectively have, by virtue of the regulations, in relation to an order prescribed under subsection (2)(a) above F73F74...; or

(c)the M12Children (Northern Ireland) Order 1995 or the M13Children and Young Persons Act (Northern Ireland) 1968 in any application which they may respectively have, by virtue of the regulations, in relation to an order so prescribed F75F74....

Textual Amendments

F72Words in s. 33(5)(b) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 175

Commencement Information

I4S. 33 wholly in force at 1.4.1997; s. 33 not in force at Royal Assent see s. 105(1); s. 33 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 33 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

Marginal Citations

F7634. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F76S. 34 repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

35 Welfare of children in accommodation provided for purposes of school attendance.S

After section 125 of the M14Education (Scotland) Act 1980 there shall be inserted—

“ Children and young persons in accommodationS
125A Welfare of children and young persons in accommodation provided for purposes of school attendance.

Where, for the purposes of his being in attendance at a school, a child or young person is provided with residential accommodation, in a place in or outwith that school, by—

(a)an education authority, the board of management of a self-governing school or the managers of a grant-aided or independent school; or

(b)by any other person in pursuance of arrangements made by any such authority, board of management or managers,

the authority, board of management or managers in question shall have the duty to safeguard and promote the welfare of the child or young person while he is so accommodated; and the powers of inspection exercisable by virtue of section 66(1) of this Act shall include the power to inspect the place to determine whether his welfare is adequately safeguarded and promoted there.”.

Marginal Citations

36 Welfare of certain children in hospitals and nursing homes etc.S

(1)Where a child is provided with residential accommodation by a person mentioned in subsection (3) below and it appears to the person that the child either—

(a)has had no parental contact for a continuous period of three months or more; or

(b)is likely to have no parental contact for a period which, taken with any immediately preceding period in which the child has had no such contact, will constitute a continuous period of three months or more,

the person shall (whether or not the child has been, or will be, so accommodated throughout the continuous period) so notify the local authority in whose area the accommodation is provided.

(2)A local authority receiving notification under subsection (1) above shall—

(a)take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is so accommodated; and

(b)consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

(3)The persons are—

(a)any health board constituted under section 2 of the M15National Health Service (Scotland) Act 1978;

(b)any national health service trust established under section 12A of that Act;

[F77(c)any person providing—

(i)an independent hospital;

(ii)a private psychiatric hospital;

(iii)an independent clinic; or

(iv)an independent medical agency,

within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29); and]

(d)any person providing a care home service (as defined by [F78paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8)).

(4)For the purposes of subsection (1) above, a child has parental contact only when in the presence of a person having parental responsibilities in relation to him.

(5)A person duly authorised by a local authority may in the area of that authority, at all reasonable times, enter for the purposes of subsection (2) above or of determining whether there has been compliance with subsection (1) above any such place as is mentioned in sub-paragraph (i) or (ii) of subsection (3)(c) above and may for those purposes inspect any records or registers relating to that place; and subsections (2A) to (2D) and (4) of section 6 of the M16Social Work (Scotland) Act 1968 (exercise of powers of entry and inspection) [F79(as in force immediately prior to their repeal by section 8 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006)] shall apply in respect of a person so authorised as they [F80applied] in respect of a person duly authorised under subsection (1) of that section.

Textual Amendments

Marginal Citations

F8137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F81S. 37 repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

38 Short-term refuges for children at risk of harm.S

(1)Where a child appears—

(a)to a local authority to be at risk of harm, they may at the child’s request—

(i)provide him with refuge in a residential establishment both controlled or managed by them and designated by them for the purposes of this paragraph; or

(ii)arrange for a person whose household is approved by virtue of section 5(3)(b) of the M17Social Work (Scotland) Act 1968 (provision for securing that persons are not placed in any household unless the household has prescribed approval) and is designated by them for the purposes of this paragraph, to provide him with refuge in that household,

for a period which does not exceed the relevant period;

(b)to a person who [F82provides a care home service (as defined by [F83paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8))], or to any person for the time being employed in the management of [F84the accomodation in question], to be at risk of harm, the person to whom the child so appears may at the child’s request provide him with refuge, for a period which does not exceed the relevant period, in the [F85accommodation] but shall do so only if and to the extent that the local authority within whose area the [F85accommodation] is situated have given their approval to the use of the [F85accommodation] (or a part of the [F85accommodation]) for the purposes of this paragraph.

(2)The Secretary of State may by regulations make provision as to—

(a)designation, for the purposes of paragraph (a) of subsection (1) above, of establishments and households;

(b)application for, the giving of and the withdrawal of, approval under paragraph (b) of subsection (1) above;

(c)requirements (if any) which must be complied with while any such approval remains in force;

(d)the performance by a person mentioned in the said paragraph (b) of anything to be done by him under that paragraph;

(e)the performance by a local authority of their functions under this section; and

(f)the giving, to such persons or classes of person as may be specified in the regulations, of notice as to the whereabouts of a child provided with refuge under this section,

and regulations made under this subsection may include such incidental and supplementary provisions as he thinks fit.

(3)While a child is being provided with refuge under, and in accordance with regulations made under, this section, none of the enactments mentioned in subsection (4) below shall apply in relation to him unless the commencement of the period of refuge has followed within two days of the termination of a prior period of refuge so provided to him by any person.

(4)The enactments are—

(a)section 89 of this Act and, so far as it applies in relation to anything done in Scotland, [F86section 171 of the Children's Hearings (Scotland) Act 2011]; and

(b)section 32(3) of the M18Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention etc.), so far as it applies in relation to anything done in Scotland.

(5)References in this section to the relevant period shall be construed as references either to a period which does not exceed seven days or, in such exceptional circumstances as the Secretary of State may prescribe, to a period which does not exceed fourteen days.

(6)A child who is provided with refuge for a period by virtue of such arrangements as are mentioned in subsection (1)(a) above shall not be regarded as a foster child for the purposes of the M19Foster Children (Scotland) Act 1984 by reason only of such provision.

Textual Amendments

F82Words in s. 38(1)(b) substituted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 19(3)(a); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F84Words in s. 38(1)(b) substituted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 19(3)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F85Word in s. 38(1)(b) substituted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 19(3)(c); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

Modifications etc. (not altering text)

C10S. 38(5) explained (1.4.1997) by S.I. 1996/3259, reg. 11

Commencement Information

I5S. 38 wholly in force at 1.4.1997; s. 38 not in force at Royal Assent see s. 105(1); s. 38 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 38 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

Marginal Citations

Chapter 2U.K. Children’s Hearings

Constitution of children’s hearingsS

F8739 Formation of children’s panel and children’s hearings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Qualifications, employment and duties of reportersS

F8740 Qualification and employment of reporters.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Safeguards for childrenS

F8741 Safeguarding child’s interests in proceedings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Conduct of proceedings at and in connection with children’s hearingU.K.

F8742 Power of Secretary of State to make rules governing procedure at children’s hearing etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8743 Privacy of proceedings at and right to attend children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

44 Prohibition of publication of proceedings at children’s hearing.U.K.

F88[F89(1)No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—

(a)the child concerned in, or any other child connected (in any way) with, the proceedings; or

(b)any address or school as being that of any such child.]

(2)Any person who contravenes subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale in respect of each such contravention.

(3)It shall be a defence in proceedings for an offence under this section for the accused to prove that he did not know, and had no reason to suspect, that the published matter was intended, or was likely, to identify the child or, as the case may be, the address or school.

(4)In this section “to publish” includes, without prejudice to the generality of that expression,—

(a)to publish matter in a programme service, as defined by section 201 of the M20Broadcasting Act 1990 (definition of programme service); and

(b)to cause matter to be published.

(5)The requirements of subsection (1) above may, in the interests of justice, be dispensed with by—

(a)the sheriff in any proceedings before him;

F90F91(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90F91(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to such extent as the sheriff F92F93... considers appropriate.

F94[F95(6)The requirements of subsection (1) do not apply in relation to the publication by or on behalf of a local authority or an adoption agency (within the meaning of the Adoption and Children (Scotland) Act 2007 (asp 4)) of information about a child for the purposes of making arrangements in relation to the child under this Act or that Act.]

Textual Amendments

Marginal Citations

F8745 Attendance of child and relevant person at children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8746 Power to exclude relevant person from children’s hearing.S

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Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8747 Presumption and determination of age.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Transfer etc. of casesS

F8748 Transfer of case to another children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F9649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F96S. 49 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 16, 17)

F8750 Treatment of child’s case on remission by court.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

AppealsS

F8751 Appeal against decision of children’s hearing or sheriff.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Chapter 3U.K. Protection and supervision of Children

Children requiring compulsory measures of supervisionS

F8752 Children requiring compulsory measures of supervision.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Preliminary and investigatory measuresS

F8753 Provision of information to the Principal Reporter.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8754 Reference to the Principal Reporter by court.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8755 Child assessment orders.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8756 Initial investigation by the Principal Reporter.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Measures for the emergency protection of childrenS

F8757 Child protection orders.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8758 Directions in relation to contact and exercise of parental responsibilities and parental rights.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8759 Initial hearing of case of child subject to child protection order.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8760 Duration, recall or variation of child protection order.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8761 Emergency protection of children where child protection order not available.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8762 Regulations in respect of emergency child protection measures.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Children arrested by the policeS

F8763 Review of case of child arrested by police.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Business meeting preparatory to children’s hearingS

F8764 Business meeting preparatory to children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Referral to, and disposal of case by, children’s hearingU.K.

F8765 Referral to, and proceedings at, children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8766 Warrant to keep child where children’s hearing unable to dispose of case.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8767 Warrant for further detention of child.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8768 Application to sheriff to establish grounds of referral.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F87[F9768ARestrictions on evidence in certain cases involving sexual abuseS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8768BExceptions to restrictions under section 68AS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8769 Continuation or disposal of referral by children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F87F9870 Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.E+W+S

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Extent Information

E2S. 70(4) extends to England, Wales and Scotland; s. 70 otherwise extends to Scotland only, see s. 105(1) and (8)

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8771 Duties of local authority with respect to supervision requirements.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F87[F9971AEnforcement of local authorities' duties under section 71U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8772 Transfer of child subject to supervision requirement in case of necessity.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F8773 Duration and review of supervision requirement.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F87F10074 Further provision as respects children subject to supervision requirements.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Commencement Information

I6S. 74 wholly in force at 1.4.1997; s. 74 not in force at Royal Assent see s. 105(1); s. 74 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 74 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

75 Powers of Secretary of State with respect to secure accommodation.S

(1)The Secretary of State may by regulations make provision with respect to the placing in secure accommodation of any child—

F101(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)who is not subject to a [F102compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance (all within the meaning of the Children's Hearings (Scotland) Act 2011)] but who is being looked after by a local authority in pursuance of such enactments as may be specified in the regulations.

(2)Regulations under subsection (1) above may—

(a)specify the circumstances in which a child may be so placed under the regulations;

(b)make provision to enable a child who has been so placed or any relevant person to require that the child’s case be brought before a children’s hearing within a shorter period than would apply under regulations made under subsection (3) below; and

(c)specify different circumstances for different cases or classes of case.

[F103(2A)In subsection (2), “relevant person” has the meaning given by section 200 of the Children's Hearings (Scotland) Act 2011 and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act.]

(3)Subject to subsection (4) below and without prejudice to subsection (2)(b) above, the Secretary of State may prescribe—

(a)the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff;

(b)the period within which a children’s hearing shall be arranged to consider the case of a child placed in secure accommodation by virtue of regulations made under this section (and different periods may be so prescribed in respect of different cases or classes of case).

[F104(4)A child may not be kept in secure accommodation by virtue of regulations made under this section for a period exceeding 66 days from the day when the child was first taken to the secure accommodation.]

F105(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State may by regulations make provision for the procedures to be applied in placing children in secure accommodation; and without prejudice to the generality of this subsection, such regulations may—

(a)specify the duties of the Principal Reporter in relation to the placing of children in secure accommodation;

(b)make provision for the referral of cases to a children’s hearing for review; and

(c)make provision for any person with parental responsibilities in relation to the child to be informed of the placing of the child in secure accommodation.

Textual Amendments

F102Words in s. 75(1)(b) substituted (12.6.2013 for specified purposes, 24.6.2013 in so far as not already in force) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(8)(a) (with s. 186); S.S.I. 2013/190, art. 2; S.S.I. 2013/195, arts. 2, 3

F103S. 75(2A) inserted (12.6.2013 for specified purposes, 24.6.2013 in so far as not already in force) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(8)(b) (with s. 186); S.S.I. 2013/190, art. 2; S.S.I. 2013/195, arts. 2, 3

F104S. 75(4) substituted (12.6.2013 for specified purposes, 24.6.2013 in so far as not already in force) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(8)(c) (with s. 186); S.S.I. 2013/190, art. 2; S.S.I. 2013/195, arts. 2, 3

Commencement Information

I7S. 75 wholly in force at 1.4.1997; s. 75 not in force at Royal Assent see s. 105(1); s. 75 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 75 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

[F106Parenting ordersS

Textual Amendments

F10775ARequirement on Principal Reporter to consider application for parenting orderS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F108Failure to provide education for excluded pupilsU.K.

Textual Amendments

F10775BFailure to provide education for excluded pupils: reference to Scottish MinistersU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Exclusion ordersS

76 Exclusion orders.S

(1)Subject to subsections (3) to (9) below, where on the application of a local authority the sheriff is satisfied, in relation to a child, that the conditions mentioned in subsection (2) below are met, he may grant an order under this section (to be known as “an exclusion order”) excluding from the child’s family home any person named in the order (in this Part of this Act referred to as the “named person”).

(2)The conditions are—

(a)that the child has suffered, is suffering, or is likely to suffer, significant harm as a result of any conduct, or any threatened or reasonably apprehended conduct, of the named person;

(b)that the making of an exclusion order against the named person—

(i)is necessary for the protection of the child, irrespective of whether the child is for the time being residing in the family home; and

(ii)would better safeguard the child’s welfare than the removal of the child from the family home; and

(c)that, if an order is made, there will be a person specified in the application who is capable of taking responsibility for the provision of appropriate care for the child and any other member of the family who requires such care and who is, or will be, residing in the family home (in this section, sections 77 to 79and section 91(3)(f) of this Act referred to as an “appropriate person”).

(3)No application under subsection (1) above for an exclusion order shall be finally determined under this section unless—

(a)the named person has been afforded an opportunity of being heard by, or represented before, the sheriff; and

(b)the sheriff has considered any views expressed by any person on whom notice of the application has been served in accordance with rules making such provision as is mentioned in section 91(3)(d) of this Act.

(4)Where, on an application under subsection (1) above, the sheriff—

(a)is satisfied as mentioned in that subsection; but

(b)the conditions mentioned in paragraphs (a) and (b) of subsection (3) above for the final determination of the application are not fulfilled,

he may grant an interim order, which shall have effect as an exclusion order pending a hearing by the sheriff under subsection (5) below held within such period as may be specified in rules made by virtue of section 91(3)(e) of this Act.

(5)The sheriff shall conduct a hearing under this subsection within such period as may be specified in rules made by virtue of section 91(3)(e) of this Act, and, if satisfied at that hearing as mentioned in subsection (1) above, he may, before finally determining the application, confirm or vary the interim order, or any term or condition on which it was granted, or may recall such order.

(6)Where the conditions mentioned in paragraphs (a) and (b) of subsection (3) above have been fulfilled, the sheriff may, at any point prior to the final determination of the application, grant an interim order.

(7)An order under subsection (5) or (6) above shall have effect as an exclusion order pending the final determination of the application.

(8)Where—

(a)an application is made under subsection (1) above; and

(b)the sheriff considers that the conditions for making a child protection order under [F109Part 5 of the Children's Hearings (Scotland) Act 2011] are satisfied,

he may make [F110a child protection order] as if the application had been duly made by the local authority under that [F111Part] rather than under this section.

(9)The sheriff shall not make an exclusion order if it appears to him that to do so would be unjustifiable or unreasonable, having regard to—

(a)all the circumstances of the case, including without prejudice to the generality of this subsection the matters specified in subsection (10) below; and

(b)any requirement such as is specified in subsection (11) below and the likely consequences in the light of that requirement of the exclusion of the named person from the family home.

(10)The matters referred to in subsection (9)(a) above are—

(a)the conduct of the members of the child’s family (whether in relation to each other or otherwise);

(b)the respective needs and financial resources of the members of that family;

(c)the extent (if any) to which—

(i)the family home; and

(ii)any relevant item in that home,

is used in connection with a trade, business or profession by any member of the family.

(11)The requirement referred to in subsection (9)(b) above is a requirement that the named person (whether alone or with any other person) must reside in the family home, where that home—

[F112(a)is on or comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or in a lease constituting a short limited duration tenancy [F113, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy] (within the meaning of that Act); or]

(b)is let, or is a home in respect of which possession is given, to the named person (whether alone or with any other person) by an employer as an incident of employment.

(12)In this Part of this Act—

  • “caravan” has the meaning given to it by section 29(1) of the M21Caravan Sites and Control of Development Act 1960;

  • “exclusion order”, includes an interim order granted under subsection (4) above and such an order confirmed or varied under subsection (5) above and an interim order granted under subsection (6) above; except that in subsection (3) above and in section 79 of this Act, it does not include an interim order granted under subsection (4) above;

  • “family” has the meaning given in section 93(1) of this Act;

  • “family home” means any house, caravan, houseboat or other structure which is used as a family residence and in which the child ordinarily resides with any person described in subsection (13) below and the expression includes any garden or other ground or building attached to and usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure.

(13)The description of person referred to in the definition of “family home” in subsection (12) above, is a person who has parental responsibilities in relation to the child, or who ordinarily (and other than by reason only of his employment) has charge of, or control over him.

Textual Amendments

Marginal Citations

77 Effect of, and orders etc. ancillary to, exclusion order.S

(1)An exclusion order shall, in respect of the home to which it relates, have the effect of suspending the named person’s rights of occupancy (if any) and shall prevent him from entering the home, except with the express permission of the local authority which applied for the order.

(2)The sheriff, on the application of the local authority, may, if and in so far as he thinks fit, when making an exclusion order do any of the things mentioned in subsection (3) below.

(3)The things referred to in subsection (2) above are—

(a)grant a warrant for the summary ejection of the named person from the home;

(b)grant an interdict prohibiting the named person from entering the home without the express permission of the local authority;

(c)grant an interdict prohibiting the removal by the named person of any relevant item specified in the interdict from the home, except either—

(i)with the written consent of the local authority, or of an appropriate person; or

(ii)by virtue of a subsequent order of the sheriff;

(d)grant an interdict prohibiting the named person from entering or remaining in a specified area in the vicinity of the home;

(e)grant an interdict prohibiting the taking by the named person of any step of a kind specified in the interdict in relation to the child;

(f)make an order regulating the contact between the child and the named person,

and the sheriff may make any other order which he considers is necessary for the proper enforcement of a remedy granted by virtue of paragraph (a), (b) or (c) of this subsection.

(4)No warrant, interdict or order (except an interdict granted by virtue of paragraph (b) of subsection (3) above) shall be granted or made under subsection (2) above if the named person satisfies the sheriff that it is unnecessary to do so.

(5)Where the sheriff grants a warrant of summary ejection under subsection (2) above in the absence of the named person, he may give directions as to the preservation of any of that person’s goods and effects which remain in the family home.

(6)The sheriff may make an order of the kind specified in subsection (3)(f) above irrespective of whether there has been an application for such an order.

(7)On the application of either the named person or the local authority, the sheriff may make the exclusion order, or any remedy granted under subsection (2) above, subject to such terms and conditions as he considers appropriate.

(8)In this Part of this Act references to a “relevant item” are references to any item within the home which both—

(a)is owned or hired by any member of the family concerned or an appropriate person or is being acquired by any such member or person under a hire purchase agreement or conditional sale agreement; and

(b)is reasonably necessary to enable the home to be used as a family residence,

but does not include any such vehicle, caravan or houseboat or such other structure so used as is mentioned in the definition of “family home” in section 76(12) of this Act.

78 Powers of arrest etc. in relation to exclusion order.S

(1)The sheriff may, whether or not on an application such as is mentioned in subsection (2) below, attach a power of arrest to any interdict granted under section 77(2) of this Act by virtue of subsection (3) of that section.

(2)A local authority may at any time while an exclusion order has effect apply for such attachment of a power of arrest as is mentioned in subsection (1) above.

(3)A power of arrest attached to an interdict by virtue of subsection (1) above shall not have effect until such interdict, together with the attached power of arrest, is served on the named person.

(4)If, by virtue of subsection (1) above, a power of arrest is attached to an interdict, the local authority shall, as soon as possible after the interdict, together with the attached power of arrest, is served on the named person, ensure that there is delivered [F114to the chief constable of the Police Service of Scotland] —

F115(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a copy of the application for the interdict and of the interlocutor granting the interdict together with a certificate of service of the interdict and, where the application to attach the power of arrest was made after the interdict was granted, a copy of that application and of the interlocutor above granting it and a certificate of service of the interdict together with the attached power of arrest.

(5)Where any interdict to which a power of arrest is attached by virtue of subsection (1) above is varied or recalled, the person who applied for the variation or recall shall ensure that there is delivered to [F116the chief constable of the Police Service of Scotland] a copy of the application for such variation or recall and of the interlocutor granting the variation or recall.

(6)A constable may arrest without warrant the named person if he has reasonable cause for suspecting that person to be in breach of an interdict to which a power of arrest has been attached by virtue of subsection (1) above.

(7)Where a person has been arrested under subsection (6) above, the constable in charge of a police station may—

(a)if satisfied there is no likelihood of that person further breaching the interdict to which the power of arrest was attached under subsection (1) above, liberate him unconditionally; or

(b)refuse to liberate that person.

(8)Such a refusal to liberate an arrested person as is mentioned in subsection (7)(b) above, and the detention of that person until his appearance in court by virtue of either subsection (11) below, or any provision of the [F117Criminal Procedure (Scotland) Act 1995], shall not subject that constable to any claim whatsoever.

(9)Where a person has been liberated under subsection (7)(a) above, the facts and circumstances which gave rise to the arrest shall be reported to the procurator fiscal forthwith.

(10)Subsections (11) to (13) below apply only where—

(a)the arrested person has not been released under subsection (7)(a) above; F118...

F118(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A person arrested under subsection (6) above shall wherever practicable be brought before the sheriff sitting as a court of summary criminal jurisdiction for the district in which he was arrested not later than in the course of the first day after the arrest, such day not being a Saturday, a Sunday or a court holiday prescribed for that court under [F119section 8 of the said Act of 1995], on which the sheriff is not sitting for the disposal of criminal business.

F120(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121(12A)Subsection (13) applies where—

(a)a person is brought before the sheriff under subsection (11) above; and

(b)the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.]

(13)Where [F122this subsection applies] —

(a)the procurator fiscal shall present to the court a petition containing—

(i)a statement of the particulars of the person arrested under subsection (6) above;

(ii)a statement of the facts and circumstances which gave rise to that arrest; and

(iii)a request that the person be detained for a further period not exceeding two days;

(b)the sheriff, if it appears to him that—

(i)the statement referred to in paragraph (a)(ii) above discloses aprima facie breach of interdict by the arrested person;

(ii)proceedings for breach of interdict will be taken; and

(iii)there is a substantial risk of violence by the arrested person against any member of the family, or an appropriate person, resident in the family home,

may order the arrested person to be detained for a period not exceeding two days; and

(c)the sheriff shall, in any case in which paragraph (b) above does not apply, order the release of the arrested person from custody (unless that person is in custody in respect of some other matter);

and in computing the period of two days referred to in paragraphs (a) and (b) above, no account shall be taken of a Saturday, a Sunday or any holiday in the court in which proceedings for breach of interdict will require to be raised.

[F123(13A)Subsection (14) applies where—

(a)a person has been liberated under subsection (7)(a) above; or

(b)the following conditions are met—

(i)a person is to be brought before the sheriff under subsection (11) above; and

(ii)the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.]

(14)[F124Where this subsection applies], the procurator fiscal shall at the earliest opportunity, and, [F125where the conditions in subsection (13A)(b) above are met, before the] person is brought before the sheriff, take all reasonable steps to intimate to—

(i)the local authority which made the application for the interdict;

(ii)an appropriate person who will reside in, or who remains in residence in, the family home mentioned in the order; and

(iii)any solicitor who acted for the appropriate person when the interdict was granted or to any other solicitor who the procurator fiscal has reason to believe acts for the time being for that person,

that he has decided that no criminal proceedings should be taken in respect of the facts and circumstances which gave rise to the arrest of the named person.

Textual Amendments

F114Words in s. 78(4) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 11(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F115S. 78(4)(a)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 11(2)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F116Words in s. 78(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 11(2)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F117Words in s. 78(8) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 97(7)(a)

F119Words in s. 78(11) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 97(7)(b)

79 Duration, variation and recall of exclusion order.S

(1)Subject to subsection (2) below, an exclusion order shall cease to have effect on a date six months after being made.

(2)An exclusion order shall cease to have effect on a date prior to the date mentioned in subsection (1) above where—

(a)the order contains a direction by the sheriff that it shall cease to have effect on that prior date;

(b)the sheriff, on an application under subsection (3) below, recalls the order before the date so mentioned; or

(c)any permission given by a third party to the spouse or partner of the named person, or to an appropriate person, to occupy the home to which the order relates is withdrawn.

(3)The sheriff may, on the application of the local authority, the named person, an appropriate person or the spouse or partner of the named person, if that spouse or partner is not excluded from the family home and is not an appropriate person, vary or recall an exclusion order and any warrant, interdict, order or direction granted or made under section 77 of this Act.

(4)For the purposes of this section, partners are persons who live together in a family home as if they were husband and wife.

80 Exclusion orders: supplementary provisions.S

(1)The Secretary of State may make regulations with respect to the powers, duties and functions of local authorities in relation to exclusion orders.

(2)An application for an exclusion order, or under section 79(3) of this Act for the variation or recall of such an order or of any thing done under section 77(2) of this Act, shall be made to the sheriff for the sheriffdom within which the family home is situated.

Offences in connection with orders etc. for protection of childrenS

F12681 Offences in connection with orders etc. for protection of children.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Ss. 81-85 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, art. 19); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

Fugitive children and harbouringU.K.

F126F12782 Recovery of certain fugitive children.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Ss. 81-85 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, art. 19); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

F126F12883 Harbouring.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Ss. 81-85 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, art. 19); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

Implementation of authorisations etc.S

F12684 Implementation of authorisations etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Ss. 81-85 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, art. 19); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

New evidence: review of establishment of grounds of referralS

F12685 Application for review of establishment of grounds of referral.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Ss. 81-85 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, art. 19); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

Chapter 4U.K. Parental Responsibilities Orders, etc.

Modifications etc. (not altering text)

C16Pt. II Ch. 4 modified (1.4.1997) by S.I. 1996/3255, reg. 7(1)

Parental responsibilities ordersS

86 Parental responsibilities order: general.S

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F13086A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

87 Further provision as respects parental responsibilities orders.S

F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

88 Parental contact.S

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

89 Offences in relation to parental responsibilities orders.S

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousS

F13590 Consent of child to certain procedures.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

91 Procedural rules in relation to certain applications etc.S

(1)All proceedings to which this section applies are civil proceedings for the purposes of section 32 of the M22Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court).

(2)Any reference in this Part of this Act to regulation or prescription by rules in relation to any proceedings to which this section applies shall be construed, unless the context otherwise requires, as a reference to regulation or prescription by rules made under the said section 32.

(3)Without prejudice to the generality of the said section 32, rules may make provision as to—

F136(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the persons to whom notice of an application for an exclusion order or, under section 79(3) of this Act, for the recall or variation of such an order or of anything done under section 77(2) of this Act shall be given;

(e)the period within which a hearing shall be held under subsection (5) of section 76 of this Act after the granting of an order under subsection (4) of that section;

(f)the service of any exclusion order on the named person and the appropriate person within such period as may be specified in the rules.

(4)In relation to any proceedings to which this section applies, rules may permit a party to such proceedings, in such circumstances as may be specified in the rules, to be represented by a person who is neither an advocate nor a solicitor.

(5)This section applies to any application made to the sheriff, and any other proceeding before the sheriff (whether on appeal or otherwise), under any provision of this Part of this Act.

Textual Amendments

Marginal Citations

F13792 Legal aid in respect of certain proceedings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interpretation of Part IIU.K.

93 Interpretation of Part II.U.K.

(1)In this Part of this Act, unless the context otherwise requires,—

  • “accommodation” shall be construed in accordance with section 25(8) of this Act;

  • F138F139...

  • F138F139...

  • F138F139...

  • “children’s hearing” shall be construed in accordance with F140[F141section 5 of the Children's Hearings (Scotland) Act 2011];

  • F138F139...

  • “constable” means a constable of [F142the Police Service of Scotland];

  • “contact order” has the meaning given by section 11(2)(d) of this Act;

  • “disabled” has the meaning given by section 23(2) of this Act;

  • F138F139...

  • “exclusion order” has the meaning given by section 76(12) of this Act;

  • “family”, in relation to a child, includes—

    (a)

    any person who has parental responsibility for the child; and

    (b)

    any other person with whom the child has been living;

  • “local authority” means a council constituted under section 2 of the M23Local Government etc. (Scotland) Act 1994;

  • F138F139...

  • “parental responsibilities” has the meaning given by section 1(3) of this Act;

  • F143. . .

  • “parental rights” has the meaning given by section 2(4) of this Act;

  • F138F139...

  • F138F139...

  • F138F139...

  • “residence order” has the meaning given by section 11(2)(c) of this Act;

  • “residential establishment”—

    (a)

    in relation to a place in Scotland, means an establishment (whether managed by a local authority, by a voluntary organisation or by any other person) which provides residential accommodation for children for the purposes of this Act or the M24Social Work (Scotland) Act 1968; [F144or the Children’s Hearings (Scotland) Act 2011;]

    (b)

    in relation to a place in England and Wales, means a community home, voluntary home or [F145private] children’s home (within the meaning of the Children Act 1989); and

    (c)

    in relation to a place in Northern Ireland, means

    (i)

    [F146a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755),

    (ii)

    an authority home provided under Part VII of that Order, or

    (iii)

    a voluntary home provided under Part VIII of that Order,]

  • “school age” shall be construed in accordance with section 31 of the M25Education (Scotland) Act 1980;

  • “secure accommodation” means accommodation provided [F147for the purpose of restricting the liberty of children which—

    (a)

    in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8),

    (b)

    in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43), “secure accommodation” means accommodation in relation to England which—

    (i)

    is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, and

    (ii)

    is approved by the Secretary of State for the purpose of restricting the liberty of children,

    (c)

    in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act,]

  • F139...

  • “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit; and

  • F139...

(2)For the purposes of—

(a)Chapter 1 and this Chapter (except this section) of this Part F148[F149and section 44], “child” means a person under the age of eighteen years; and

(b)F150[F151Chapter 2 (except section 44) and Chapter] 3 F152... of this Part—

  • [F153“child” means—

    (i)

    a child who has not attained the age of sixteen years;

    (ii)

    a child over the age of sixteen years who has not attained the age of eighteen years and in respect of whom a supervision requirement is in force; or

    (iii)

    a child whose case has been referred to a children’s hearing by virtue of section 33 of this Act;

    and for the purposes of the application of those Chapters to a person who has failed to attend school regularly without reasonable excuse includes a person who is over sixteen years of age but is not over school age; and]

    [F153“child” means—

    (i)

    in relation to section 75, a person under the age of 18 years,

    (ii)

    in relation to any other section, a person under the age of 16 years;]

  • F154F155...

(3)Where, in the course of any proceedings under Chapter 2 or 3 of this Part, a child ceases to be a child within the meaning of subsection (2) above the provisions of those Chapters of this Part and of any statutory instrument made under those provisions, shall continue to apply to him as if he had not so ceased to be a child.

(4)Any reference in this Part of this Act to a child—

(a)being “in need”, is to his being in need of care and attention because—

(i)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority;

(ii)his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;

(iii)he is disabled; or

(iv)he is affected adversely by the disability of any other person in his family;

(b)who is “looked after” by a local authority, shall be construed in accordance with section 17(6) of this Act.

(5)Any reference to any proceedings under this Part of this Act, whether on an application or on appeal, being heard by the sheriff, shall be construed as a reference to such proceedings being heard by the sheriff in chambers.

Textual Amendments

F141Words in s. 93(1) substituted (24.6.2013 for specified purposes) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(10) (with s. 186); S.S.I. 2013/195, arts. 2, 3(d)

F142Words in s. 93(1) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 11(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F143S. 93(1): definition of "parental responsibility order" repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(2), 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F145Word in the definition of "residential establishment" in s. 93 substituted (1.4.2002 for E. and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 23(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4)

F149Words in s. 93(2)(a) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 52(b)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F151Words in s. 93(2)(b) substituted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 52(b)(ii), 89; S.S.I. 2003/288, art. 2, Sch.

F155Words in s. 93(2)(b) repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

Marginal Citations

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