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;

[F1 (aa) an action for dissolution or declarator of nullity of a civil partnership or separation of civil partners;]

(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 [F2 Adoption and Children (Scotland) Act 2007 (asp 4)];

[F3 (ca) proceedings for the making, variation or revocation of a permanence order under that Act in respect of a child who is not subject to a supervision requirement;] 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 M1 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.

Textual Amendments

F1 S. 54(2)(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 61; S.S.I. 2005/604, art. 2(c)

F2 Words in s. 54(2)(c) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(6)(a); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F3 S. 54(2)(ca) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(6)(b); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

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 1980 c. 44.