On the application of a local authority the sheriff may make an order transferring (but only during such period as the order remains in force) the appropriate parental rights and responsibilities relating to a child to them; and any such order shall be known as a “parental responsibilities order”.

A person is a relevant person for the purposes of this section if he is a parent of the child or a person who for the time being has parental rights in relation to the child.

The sheriff may, in an order under this section impose such conditions as he considers appropriate; and he may vary or discharge such an order on the application of the local authority, of the child, of any person who immediately before the making of the order is a relevant person or of any other person claiming an interest.

Subject to subsections (2) and (3) below, where a parental responsibilities order is made as respects a child it shall be the duty of the local authority which applied for it (in this section and in section 88 of this Act referred to as the “appropriate authority”) to fulfil the transferred responsibilities while the order remains in force.

Notwithstanding that a parental responsibilities order has been made as respects a child, the appropriate authority may allow, either for a fixed period or until the authority otherwise determine, the child to reside with a parent, guardian, relative or friend of his in any case where it appears to the authority that so to allow would be for the benefit of the child.

Without prejudice to any other provision of this Part of this Act, where by virtue of subsection (2) above a child is residing with a person, the appropriate authority may by notice in writing to the person require him to return the child to them by a time specified in the notice; and service of such notice shall be effected either by the authority leaving it in the person’s hands or by their sending it to him, at his and the child’s most recent known address, by recorded delivery service.

Rules may provide for a person to be appointed reporting officer before the application in question is made.

This section applies where a parental responsibilities order is being made, or as the case may be is in force, as respects a child.

Without prejudice to subsection (4) below, on an application made to him by the child, by the appropriate authority or by any person with an interest, the sheriff may make such order as he considers appropriate as to the contact, if any, which is to be allowed between the child and any person specified in the order (whether or not a person described in paragraphs (a) and (b) of subsection (2) above).

A sheriff, on making a parental responsibilities order, or at any time while such an order remains in force as respects a child, may make an order under subsection (3) above as respects the child even where no application has been made to him in that regard.

An order under this section may impose such conditions as the sheriff considers appropriate; and he may vary or discharge such an order on the application of the child, the appropriate authority or any person with an interest.

An order under this section shall, if not first discharged by the sheriff, terminate when the parental responsibilities order to which it is referable does.

All proceedings to which this section applies are civil proceedings for the purposes of section 32 of the M2Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court).

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.

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.

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.

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

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

• “chief social work officer” means an officer appointed under section 3 of the M4Social Work (Scotland) Act 1968;

• “child assessment order” has the meaning given by section 55(1) of this Act;

• “child protection order” has the meaning given by section 57(1) of this Act;

• “children’s hearing” shall be construed in accordance with section 39(3), but does not include a business meeting arranged under section 64, of this Act;

• “compulsory measures of supervision” means, in respect of a child, such measures of supervision as may be imposed upon him by a children’s hearing;

• “constable” means a constable of a police force within the meaning of the M5Police (Scotland) Act 1967;

• “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;

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

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

  1. a

     any person who has parental responsibility for the child; and

  2. b

     any other person with whom the child has been living;

• “local authority” means a council constituted under section 2 of the M6Local Government etc. (Scotland) Act 1994;

• “local government area” shall be construed in accordance with section 1 of the said Act of 1994;

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

• “parental responsibilities order” has the meaning given by section 86(1) of this Act;

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

• “place of safety”, in relation to a child, means—

  1. a

     a residential or other establishment provided by a local authority;

  2. b

     a community home within the meaning of section 53 of the M7Children Act 1989;

  3. c

     a police station; or

  4. d

     a hospital, surgery or other suitable place, the occupier of which is willing temporarily to receive the child;

• “the Principal Reporter” means the Principal Reporter appointed under section 127 of the said Act of 1994 or any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of that Act, any function of the Principal Reporter under this Act;

• “relevant local authority”, in relation to a child who is subject to a warrant granted under this Part of this Act or to a supervision requirement, means the local authority for whose area the children’s panel from which the children’s hearing which granted the warrant or imposed the supervision requirement was formed;

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

• “residential establishment”—

  1. 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 M8Social Work (Scotland) Act 1968;

  2. b

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

  3. c

     in relation to a place in Northern Ireland, means a home provided under Part VIII of the M9Children (Northern Ireland) Order 1995, or a voluntary home, or a registered children’s home (which have respectively the meanings given by that Order);

• “school age” shall be construed in accordance with section 31 of the M10Education (Scotland) Act 1980;

• “secure accommodation” means accommodation provided in a residential establishment, approved by the Secretary of State in accordance with regulations made under section 60(1)(bb) of the Social Work (Scotland) Act 1968 or under paragraph 4(2)(i) of Schedule 4 to the Children Act 1989, for the purpose of restricting the liberty of children;

• “supervision requirement” has the meaning given by 70(1) of this Act, and includes any condition contained in such a requirement or related to it;

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

• “working day” means every day except—

  1. a

     Saturday and Sunday;

  2. b

     December 25th and 26th; and

  3. c

     January 1st and 2nd.

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.

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.