Children (Scotland) Act 1995

54 Reference to the Principal Reporter by court. S

(1) Where in any relevant proceedings it appears to the court that any of the conditions in section 52(2)(a) to (h), (j), (k) or (l) of this Act is satisfied with respect to a child, it may refer the matter to the Principal Reporter, specifying the condition.

(2) In this section “relevant proceedings” means—

(a) an action for divorce or judicial separation or for declarator of marriage, nullity of marriage, parentage or non-parentage;

(b) proceedings relating to parental responsibilities or parental rights within the meaning of Part I of this Act;

(c) proceedings for an adoption order under the M1 Adoption (Scotland) Act 1978 or for an order under section 18 of that Act declaring a child free for adoption; and

(d) proceedings for an offence against section 35 (failure by parent to secure regular attendance by his child at a public school), 41 (failure to comply with attendance order) or 42(3) (failure to permit examination of child) of the M2 Education (Scotland) Act 1980.

(3) Where the court has referred a matter to the Principal Reporter under subsection (1) above, he shall—

(a) make such investigation as he thinks appropriate; and

(b) if he considers that compulsory measures of supervision are necessary,

arrange a children’s hearing to consider the case of the child under section 69 of this Act; and subsection (1) of that section shall apply as if the condition specified by the court under subsection (1) above were a ground of referral established in accordance with section 68 of this Act.

Modifications etc. (not altering text)

C1 S. 54(1) extended (temp. from 22.8.1996 to 1.4.1997) by S.I. 1996/2203, art. 6(a)

C2 S. 54(3) extended (temp. from 22.8.1996 to 1.4.1997) by S.I. 1996/2203, art. 6(b)

Marginal Citations

M1 1978 c. 28.

M2 1980 c. 44.