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—

[F1 (i) applying under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (“the 2007 Act”) for a permanence order;

(ii) applying under section 92 of the 2007 Act for variation of such an order;

(iii) applying under section 93 of the 2007 Act for amendment of such an order;

(iv) applying under section 98 of the 2007 Act for revocation of such an order; or

(v) placing the child for adoption,

and they intend to make any such application or to place the child for adoption.]

[F2 (4A) The Scottish Ministers may make regulations specifying by reference to the occurrence of an event or events described in the regulations the period of time during which a referral under subsection (4)(c) is to be made.]

(5) Where the relevant local authority are aware that an application has been made and is pending, or is about to be made, under [F3 section 29 or 30 of the 2007 Act] 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;

[F4 (iva) the case has been referred to him under section 96(3) or 106 of the Adoption and Children (Scotland) Act 2007 (asp 4),] or

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

[F5 (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 [F6 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 [F7 section 80 of the 2007 Act], or the proposed placing for adoption or the application, or prospective application, under [F8 section 29 or 30] 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.

[F9 (13A) A report drawn up under subsection (13) shall be in such form as may be prescribed by the Scottish Ministers.]

(14) A court which is considering whether, in relation to a child, to grant an application under [F10 section 29, 30 or 80 of the 2007 Act] 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 Words in s. 73(4)(c) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(a); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F2 S. 73(4A) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(b); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F3 Words in s. 73(5) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(c); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F4 S. 73(8)(a)(iva) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(d); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F5 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

F6 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

F7 Words in s. 73(13) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(e)(i); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F8 Words in s. 73(13) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(e)(ii); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F9 S. 73(13A) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(f); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F10 Words in s. 73(14) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 9(7)(g); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

Modifications etc. (not altering text)

C1 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)

C2 S. 73(8) applied (with modifications) (1.4.1997) by S.I. 1996/3255, reg. 6(3)

C3 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))

C4 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)

C5 S. 73(13) amended (form prescribed) (1.4.1997) by S.I. 1996/3261, Rule 28(5), Sch.