Children (Scotland) Act 1995

Valid from 01/04/1997

60 Duration, recall or variation of child protection order. S

(1) Where, by the end of twenty-four hours of a child protection order being made (other than by virtue of section 57(4)(c) of this Act), the applicant has made no attempt to implement the order it shall cease to have effect.

(2) Where an application made under subsection (7) below has not been determined timeously in accordance with subsection (8) below, the order to which the application relates shall cease to have effect.

(3) A child shall not be—

(a) kept in a place of safety under a child protection order;

(b) prevented from being removed from any place by such an order; or

(c) subject to any term or condition contained in such an order or a direction given under section 58 of this Act,

where the Principal Reporter, having regard to the welfare of the child, considers that, whether as a result of a change in the circumstances of the case or of further information relating to the case having been received by the Principal Reporter, the conditions for the making of a child protection order in respect of the child are no longer satisfied or that the term, condition or direction is no longer appropriate and notifies the person who implemented the order that he so considers.

(4) The Principal Reporter shall not give notice under subsection (3) above where—

(a) proceedings before a children’s hearing arranged under section 59(2) of this Act in relation to the child who is subject to the child protection order have commenced; or

(b) the hearing of an application made under subsection (7) of this section has begun.

(5) Where the Principal Reporter has given notice under subsection (3) above, he shall also, in such manner as may be prescribed, notify the sheriff who made the order.

(6) A child protection order shall cease to have effect—

(a) where an initial hearing arranged under section 59(2) of this Act does not continue the order under subsection (4) of that section;

(b) where an application is made to the sheriff under subsection (7) below, on the sheriff recalling such order under subsection (13) below;

(c) on the person who implemented the order receiving notice from the Principal Reporter that he has decided not to refer the case of a child who is subject to the order to a children’s hearing arranged in accordance with section 65(2) of this Act;

(d) on the Principal Reporter giving notice in accordance with subsection (3) above in relation to the order that he considers that the conditions for the making of it are no longer satisfied; or

(e) where such order is continued under section 59(4) of this Act or subsection (12)(d) below, on the commencement of a children’s hearing arranged under section 65(2) of this Act.

(7) An application to the sheriff to set aside or vary a child protection order made under section 57 of this Act or a direction given under section 57 of this Act or such an order or direction continued (whether with or without variation) under section 59(4) of this Act, may be made by or on behalf of—

(a) the child to whom the order or direction relates;

(b) a person having parental rights over the child;

(c) a relevant person;

(d) any person to whom notice of the application for the order was given by virtue of rules; or

(e) the applicant for the order made under section 57 of this Act.

(8) An application under subsection (7) above shall be made—

(a) in relation to a child protection order made under section 57, or a direction given under section 58, of this Act, before the commencement of a children’s hearing arranged in accordance with section 59(2) of this Act; and

(b) in relation to such an order or direction continued (whether with or without variation) by virtue of subsection (4) of the said section 59, within two working days of such continuation,

and any such application shall be determined within three working days of being made.

(9) Where an application has been made under subsection (7) above, the applicant shall forthwith give notice, in a manner and form prescribed by rules, to the Principal Reporter.

(10) At any time which is—

(a) after the giving of the notice required by subsection (9) above; but

(b) before the sheriff has determined the application in accordance with subsection (11) below,

the Principal Reporter may arrange a children’s hearing the purpose of which shall be to provide any advice they consider appropriate to assist the sheriff in his determination of the application.

(11) The sheriff shall, after hearing the parties to the application and, if he wishes to make representations, the Principal Reporter, determine whether—

(a) the conditions for the making of a child protection order under section 57 of this Act are satisfied; or

(b) where the application relates only to a direction under section 58 of this Act, the direction should be varied or cancelled.

(12) Where the sheriff determines that the conditions referred to in subsection (11)(a) above are satisfied, he may—

(a) confirm or vary the order, or any term or condition on which it was granted;

(b) confirm or vary any direction given, in relation to the order, under section 58 of this Act;

(c) give a new direction under that section; or

(d) continue in force the order and any such direction until the commencement of a children’s hearing arranged in accordance with section 65(2) of this Act.

(13) Where the sheriff determines that the conditions referred to in subsection (11)(a) above are not satisfied he shall recall the order and cancel any direction given under section 58 of this Act.

Modifications etc. (not altering text)

C1 S. 60(3) amended (form prescribed) (1.4.1997) by S.I. 1996/3261, Rule 28(2), Sch.

C2 S. 60(5) amended (form prescribed) (1.4.1997) by S.I. 1996/3261, Rule 28(3), Sch.

C3 S. 60(10) amended (form prescribed) (1.4.1997) by S.I. 1996/3261, Rule 28(4), Sch.