- Latest available (Revised)
- Original (As enacted)
Children (Scotland) Act 1995
You are here:
- UK Public General Acts
- 1995 c. 36
- Part II
- Chapter 4
- Miscellaneous
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Cross Heading: Miscellaneous
Alternative versions:
Changes to legislation:
Children (Scotland) Act 1995, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 28 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part II Chapter 4 Crossheading Miscellaneous:
- Act power to modify conferred by 2010 asp 8, s. 190(2A) (as substituted) by 2024 asp 5 s. 29(2)(b)
- s. 3(3A)(ba) inserted by 2009 c. 24 Sch. 6 para. 25
- s. 4B inserted by 2020 asp 16 s. 28(2)
- s. 6(1A)-(1D) inserted by 2020 asp 16 s. 1(2)(b)
- s. 10(1A) inserted by 2024 asp 2 Sch. 1 para. 18(b)
- s. 11(14) inserted by 2020 asp 16 s. 10(2)(b)
- s. 11B 11C inserted by 2020 asp 16 s. 8(2)
- s. 11B(2) power to amend conferred by 2020 asp 16 s. 32
- s. 11D inserted by 2020 asp 16 s. 17(2)
- s. 11D(3) power to amend conferred by 2020 asp 16 s. 32
- s. 11E inserted by 2020 asp 16 s. 18(2)
- s. 11F inserted by 2020 asp 16 s. 20(2)
- s. 11G inserted by 2020 asp 16 s. 22(2)
- s. 11ZA 11ZB inserted by 2020 asp 16 s. 1(4)
- s. 11ZA(2A) inserted by 2020 asp 16 s. 30(2)
- s. 11ZA(3)(f) inserted by 2020 asp 16 s. 16(2)
- s. 16(1A) inserted by 2020 asp 16 s. 30(3)
- s. 16(2)-(2B) substituted for s. 16(2) by 2020 asp 16 s. 1(6)
- s. 33A inserted by 2024 asp 5 s. 30(2)
- s. 100A inserted by 2020 asp 16 s. 21(2)
- s. 101D inserted by 2020 asp 16 s. 11(2)
- s. 101E inserted by 2020 asp 16 s. 12(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act power to modify conferred by 2010 asp 8, s. 190(2A) (as substituted) by 2024 asp 5 s. 29(2)(b)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(3A)(ba) inserted by 2009 c. 24 Sch. 6 para. 25
- s. 4B inserted by 2020 asp 16 s. 28(2)
- s. 6(1A)-(1D) inserted by 2020 asp 16 s. 1(2)(b)
- s. 10(1A) inserted by 2024 asp 2 Sch. 1 para. 18(b)
- s. 11(14) inserted by 2020 asp 16 s. 10(2)(b)
- s. 11B 11C inserted by 2020 asp 16 s. 8(2)
- s. 11B(2) power to amend conferred by 2020 asp 16 s. 32
- s. 11D inserted by 2020 asp 16 s. 17(2)
- s. 11D(3) power to amend conferred by 2020 asp 16 s. 32
- s. 11E inserted by 2020 asp 16 s. 18(2)
- s. 11F inserted by 2020 asp 16 s. 20(2)
- s. 11G inserted by 2020 asp 16 s. 22(2)
- s. 11ZA 11ZB inserted by 2020 asp 16 s. 1(4)
- s. 11ZA(2A) inserted by 2020 asp 16 s. 30(2)
- s. 11ZA(3)(f) inserted by 2020 asp 16 s. 16(2)
- s. 16(1A) inserted by 2020 asp 16 s. 30(3)
- s. 16(2)-(2B) substituted for s. 16(2) by 2020 asp 16 s. 1(6)
- s. 33A inserted by 2024 asp 5 s. 30(2)
- s. 100A inserted by 2020 asp 16 s. 21(2)
- s. 101D inserted by 2020 asp 16 s. 11(2)
- s. 101E inserted by 2020 asp 16 s. 12(2)
MiscellaneousS
F190 Consent of child to certain procedures.S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 90 repealed (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
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 M1Sheriff 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—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(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
F2S. 91(3)(a)-(c) repealed (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
Marginal Citations
F392 Legal aid in respect of certain proceedings.S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 92 repealed (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
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Cross Heading only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.