Children (Scotland) Act 1995

Rehabilitation of Offenders Act 1974 (c. 53) S

23 (1) The Rehabilitation of Offenders Act 1974 shall be amended in accordance with this paragraph. S

(2) In section 3 (special provision with respect to certain disposals by children’s hearings)—

(a) for the words “Social Work (Scotland) Act 1968 is that mentioned in section 32(2)(g)” substitute “ Children (Scotland) Act 1995 is that mentioned in section 52(2)(i) ”; and

(b) for the words “to the satisfaction of the sheriff under section 42 of that Act, the acceptance or establishment” substitute “ (or deemed established) to the satisfaction of the sheriff under section 68 or 85 of that Act, the acceptance, establishment (or deemed establishment) ”.

(3) In section 5 (rehabilitation periods for particular sentences)—

(a) in subsection (3)(b), for the words “43(2) of the Social Work (Scotland) Act 1968” substitute “ 69(1)(b) and (12) of the Children (Scotland) Act 1995 ”;

(b) in subsection (5)(f), for the words “Social Work (Scotland) Act 1968” substitute “ Children (Scotland) Act 1995 ”;

(c) in subsection (10), for the words “Social Work (Scotland) Act 1968” substitute “ Children (Scotland) Act 1995 ”; and

(d) subsection (10A) shall cease to have effect.

(4) In section 7(2) (limitations on rehabilitation)—

(a) for paragraph (c) substitute—

“(c) in any proceedings relating to parental responsibilities or parental rights (within the meaning of section 1(3) and section 2(4) respectively of the Children (Scotland) Act 1995), guardianship, adoption or the provision by any person of accommodation, care or schooling for children under the age of 18 years;

(cc) in any proceedings under Part II of the Children (Scotland) Act 1995;”;

(b) paragraph (e) shall cease to have effect; and

(c) the words from “In the application” to the end shall cease to have effect.

Commencement Information

I1 Sch. 4 para. 23 wholly in force at 1.4.1997; Sch. 4 para. 23 not in force at Royal Assent see s. 105(1); Sch. 4 para. 23(1)(4)(c) in force and Sch. 4 para. 23(4)(a) in force for certain purposes at 1.11.1996 by S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7) (as amended (19.1.1997) by S.I. 1997/137, art. 2); Sch. 4 para. 23 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)