Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
C1 Chapter 1 Support for Children and Their Families
Introductory
16 Welfare of child and consideration of his views.
1
2
In the circumstances mentioned in subsection (4) below, F4... 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
F14
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)—
F8a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Pt. II Ch. 1 (ss. 16-38) modifed (1.4.1997) by S.I. 1996/3255, reg. 7(1)