SCHEDULE 3MODIFICATIONS: SCOTLAND AND ENGLAND AND WALES

Article 19

Modification of Acts

Social Work (Scotland) Act 19681

1

The Social Work (Scotland) Act 196866 is amended as follows.

2

In section 86 (adjustments between authority providing accommodation etc. and authority of area of residence)67—

a

in subsection (1)(b)—

i

after “the said Act of 1995” insert “or under or by virtue of the Children’s Hearings (Scotland) Act 2011”; and

ii

for “that Act” substitute “the Act of 1995”;

b

in subsection (1)(d), for “supervision requirement” substitute “compulsory supervision order or interim compulsory supervision order”;

c

in subsection (3), for “supervision requirement” substitute “compulsory supervision order or interim compulsory supervision order”;

d

in subsection (4)—

i

at the end of paragraph (b), omit the word “or” ;

ii

after paragraph (c) insert—

d

the Children’s Hearings (Scotland) Act 2011

e

in subsection (6)—

i

at the end of paragraph (b), omit the word “or” ;

ii

after paragraph (c) insert—

d

the Children’s Hearings (Scotland) Act 2011.

f

after subsection (10) insert—

11

In this section—

  • “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011; and

  • “interim compulsory supervision order” has the meaning given by section 86 of that Act.

Criminal Procedure (Scotland) Act 19952

Section 44 of the Criminal Procedure (Scotland) Act 199568 (detention of children) is amended as follows—

a

in subsection (3), for “supervision requirement” substitute “compulsory supervision order”;

b

in subsections (4) and (7), for “supervision requirement”, in each place it occurs substitute “compulsory supervision order or interim compulsory supervision order”;

c

in subsection (7), for “requirement” substitute “order”; and

d

in subsection (11), for the definition of “secure accommodation” substitute—

  • “secure accommodation” means accommodation provided for the purpose of restricting the liberty of children which—

    1. a

      in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Service Reform (Scotland) Act 2010;

    2. b

      in England, is provided in a children’s home within the meaning of the 2000 Act in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003, “secure accommodation” means accommodation in relation to England which—

      1. i

        is provided in a children’s home, within the meaning of the 2000 Act, in respect of which a person is registered under Part 2 of that Act; and

      2. ii

        is approved by the Secretary of State for the purpose of restricting the liberty of children; and

    3. c

      in Wales, is provided in a children’s home within the meaning of the 2000 Act in respect of which a person is registered under Part 2 of that Act;