Part II U.K. Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 3 U.K. Protection and supervision of Children

Referral to, and disposal of case by, children’s hearing U.K.

Valid from 31/01/2005

[F1 71A Enforcement of local authorities' duties under section 71 U.K.

(1) The sheriff principal may, on an application under subsection (2) below, make an order requiring a relevant local authority in breach of a duty imposed on them under section 71 of this Act to perform that duty.

(2) The Principal Reporter, having been so authorised by a children’s hearing under section 70(7E) of this Act, may apply for an order under subsection (1) above.

(3) No such application shall be competent unless—

(a) the Principal Reporter has, on a direction of the children’s hearing made under section 70(7A) of this Act, given the relevant local authority the notice referred to in that provision; and

(b) the authority have failed to comply, within the period stipulated in the notice, with the duty there referred to.

(4) In deciding whether to apply under subsection (2) above, the Principal Reporter shall not take into account any factor relating to the adequacy of the means available to the relevant local authority to enable it to comply with the duty.

(5) An application under subsection (2) above shall be made by summary application.

(6) The sheriff principal having jurisdiction under this section is the sheriff principal of the sheriffdom in which is situated the principal office of the relevant local authority in breach of the duty referred to in subsection (1) above.

(7) An order under subsection (1) above shall be final.]

Textual Amendments

F1 S. 71A inserted (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 136(3), 145(2); S.S.I. 2004/420, art. 3, Sch. 4