Children (Scotland) Act 1995

61 Emergency protection of children where child protection order not available. S

(1) Where, on the application of any person, a justice of the peace is satisfied—

(a) both that the conditions laid down for the making of a child protection order in section 57(1) of this Act are satisfied and that it is probable that any such order, if made, would contain an authorisation in terms of paragraph (b) or (c) of subsection (4) of that section; but

(b) that it is not practicable in the circumstances for an application for such an order to be made to the sheriff or for the sheriff to consider such an application,

he may grant to the applicant an authorisation under this section.

(2) Where on the application for a local authority a justice of the peace is satisfied—

(a) both that the conditions laid down for the making of a child protection order in section 57(2) of this Act are satisfied and that it is probable that any such order, if made, would contain an authorisation in terms of paragraph (b) or (c) of subsection (4) of that section; but

(b) that it is not practicable in the circumstances for an application for such an order to be made to the sheriff or for the sheriff to consider such an application,

he may grant an authorisation under this section.

(3) An authorisation under this section may—

(a) require any person in a position to do so to produce the child to the applicant;

(b) prevent any person from removing a child from a place where he is then being accommodated;

(c) authorise the applicant to remove the child to a place of safety and to keep him there until the expiration of the authorisation.

(4) An authorisation under this section shall cease to have effect—

(a) twelve hours after being made, if within that time—

(i) arrangements have not been made to prevent the child’s removal from any place specified in the authorisation; or

(ii) he has not been, or is not being, taken to a place of safety; or

(b) where such arrangements have been made or he has been so taken when—

(i) twenty-four hours have expired since it was so given; or

(ii) an application for a child protection order in respect of the child is disposed of,

whichever is the earlier.

(5) Where a constable has reasonable cause to believe that—

(a) the conditions for the making of a child protection order laid down in section 57(1) are satisfied;

(b) that it is not practicable in the circumstances for him to make an application for such an order to the sheriff or for the sheriff to consider such an application; and

(c) that, in order to protect the child from significant harm (or further such harm), it is necessary for him to remove the child to a place of safety,

he may remove the child to such a place and keep him there.

(6) The power conferred by subsection (5) above shall not authorise the keeping of a child in a place of safety for more than twenty four hours from the time when the child is so removed.

(7) The authority to keep a child in a place of safety conferred by subsection (5) above shall cease on the disposal of an application in relation to the child for a child protection order.

(8) A child shall not be—

(a) kept in a place of safety; or

(b) prevented from being removed from any place,

under this section where the Principal Reporter considers that the conditions for the grant of an authorisation under subsection (1) or (2) above or the exercise of the power conferred by subsection (5) above are not satisfied, or that it is no longer in the best interests of the child that he should be so kept.

Modifications etc. (not altering text)

C1 S. 61(1)(2)(5) applied (1.4.1997) by S.I. 1996/3258, regs. 12-16