Children (Scotland) Act 1995

73 Duration and review of supervision requirement. S

(1) No child shall continue to be subject to a supervision requirement for any period longer than is necessary in the interests of promoting or safeguarding his welfare.

(2) Subject to any variation or continuation of a supervision requirement under subsection (9) below, no supervision requirement shall remain in force for a period longer than one year.

(3) A supervision requirement shall cease to have effect in respect of a child not later than on his attaining the age of eighteen years.

(4) A relevant local authority shall refer the case of a child who is subject to a supervision requirement to the Principal Reporter where they are satisfied that—

(a) the requirement in respect of the child ought to cease to have effect or be varied;

(b) a condition contained in the requirement is not being complied with; or

(c) the best interests of the child would be served by their—

(i) applying under section 86 of this Act for a parental responsibilities order;

(ii) applying under section 18 of the M1 Adoption (Scotland) Act 1978 for an order freeing the child for adoption; or

(iii) placing the child for adoption,

and they intend to apply for such an order or so place the child.

(5) Where the relevant local authority are aware that an application has been made and is pending, or is about to be made, under section 12 of the said Act of 1978 for an adoption order in respect of a child who is subject to a supervision requirement, they shall forthwith refer his case to the Principal Reporter.

(6) A child or any relevant person may require a review of a supervision requirement in respect of the child at any time at least three months after—

(a) the date on which the requirement is made; or

(b) the date of the most recent continuation, or variation, by virtue of this section of the requirement.

(7) Where a child is subject to a supervision requirement and, otherwise than in accordance with that requirement or with an order under section 11 of this Act, a relevant person proposes to take the child to live outwith Scotland, the person shall, not later than twenty-eight days before so taking the child, give notice of that proposal in writing to the Principal Reporter and to the relevant authority.

(8) The Principal Reporter shall—

(a) arrange for a children’s hearing to review any supervision requirement in respect of a child where—

(i) the case has been referred to him under subsection (4) or (5) above;

(ii) the review has been required under subsection (6) above;

(iii) the review is required by virtue of section 70(7) or section 72(2) of this Act;

(iv) he has received in respect of the child such notice as is mentioned in subsection (7) above; or

(v) in any other case, the supervision requirement will expire within three months;

[F1 (aa) where—

(i) a requirement is made of the Principal Reporter under section 12(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (power of sheriff to require Principal Reporter to refer case to children’s hearing) in respect of the child’s case; and

(ii) the child is subject to a supervision requirement,

arrange for a children’s hearing to review the supervision requirement;] and

(b) make any arrangements incidental to [F2 any such] review.

(9) Where a supervision requirement is reviewed by a children’s hearing arranged under subsection (8) above, they may—

(a) where they are satisfied that in order to complete the review of the supervision requirement it is necessary to have a further investigation of the child’s case, continue the review to a subsequent hearing;

(b) terminate the requirement;

(c) vary the requirement;

(d) insert in the requirement any requirement which could have been imposed by them under section 70(3) of this Act; or

(e) continue the requirement, with or without such variation or insertion.

(10) Subsections (3) to (10) of section 69 of this Act shall apply to a continuation under paragraph (a) of subsection (9) above of a review of a supervision requirement as they apply to the continuation of a case under subsection (1)(a) of that section.

(11) Where a children’s hearing vary or impose a requirement under subsection (9) above which requires the child to reside in any specified place or places, they may order that such place or places shall not be disclosed to any person or class of persons specified in the requirement.

(12) Where a children’s hearing is arranged under subsection (8)(a)(v) above, they shall consider whether, if the supervision requirement is not continued, the child still requires supervision or guidance; and where a children’s hearing consider such supervision or guidance is necessary, it shall be the duty of the local authority to provide such supervision or guidance as the child is willing to accept.

(13) Where a children’s hearing is arranged by virtue of subsection (4)(c) or (5) above, then irrespective of what the hearing do under subsection (9) above they shall draw up a report which shall provide advice in respect of, as the case may be, the proposed application under section 86 of this Act or under section 18 of the said Act of 1978, or the proposed placing for adoption or the application, or prospective application, under section 12 of that Act, for any court which may subsequently require to come to a decision, in relation to the child concerned, such as is mentioned in subsection (14) below.

(14) A court which is considering whether, in relation to a child, to grant an application under section 86 of this Act or under section 18 or 12 of the said Act of 1978 and which, by virtue of subsection (13) above, receives a report as respects that child, shall consider the report before coming to a decision in the matter.

Textual Amendments

F1 S. 73(8)(aa) inserted after s. 73(8)(a) (28.10.2004) by virtue of Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 12(5)(a), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F2 Words in s. 73(8)(b) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 12(5)(b), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

Modifications etc. (not altering text)

C1 S. 73(4)(c)(ii)(iii) modified (1.4.1997) by S.I. 1996/3266, regs. 12(5), 13(1)

C2 S. 73(7) applied (E.W.) (1.4.1997) by S.I. 1996/3267, reg. 4(2)(a)

S. 73(7) applied (N.I.) (1.4.1997) by S.I. 1996/3267, reg. 5(2)(a)

C3 S. 73(8) applied (with modifications) (1.4.1997) by S.I. 1996/3255, reg. 6(3)

C4 S. 73(9)(13)(14) applied (1.4.1997) by 1978 c. 28, s. 22A (as inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 15 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, arts. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3))

C5 S. 73(9) applied (E.W.) (1.4.1997) by S.I. 1996/3267, reg. 4(2)(a)

S. 73(9) applied (N.I.) (1.4.1997) by S.I. 1996/3267, reg. 5(2)(a)

C6 S. 73(13) amended (form prescribed) (1.4.1997) by S.I. 1996/3261, Rule 28(5), Sch.

Marginal Citations

M1 1978 c.28.