Antisocial Behaviour etc. (Scotland) Act 2004

Orders in respect of children S

12 Sheriff’s power to refer case to children’s hearing S

[F1 (1) This section applies where—

(a) the sheriff makes an antisocial behaviour order or an interim order in respect of a child, and

(b) the sheriff considers that a section 67 ground (other than the ground mentioned in section 67(2)(j)) applies in relation to the child.

(1A) The sheriff may require the Principal Reporter to arrange a children's hearing.

(1B) The sheriff must give the Principal Reporter a section 12 statement if—

(a) the sheriff makes a requirement under subsection (1A), and

(b) a compulsory supervision order is not in force in relation to the child.

(1C) A section 12 statement is a statement—

(a) specifying which of the section 67 grounds the sheriff considers applies in relation to the child,

(b) setting out the reasons why the sheriff considers the ground applies, and

(c) setting out any other information about the child which appears to the sheriff to be relevant.

(1D) In this section—

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

• “section 67 ground” means a ground mentioned in section 67(2) of that Act.]

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 12(1)-(1D) substituted for s. 12(1) (24.6.2013) by Childrens Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 3 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, art. 5); S.S.I. 2013/195, arts. 2, 3

F2 S. 12(2)-(5) repealed (24.6.2013) by Childrens Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

C1 S. 12(1)-(1D) savings for effects of 2011 asp 1 sch. 5 para. 3 (24.6.2013) by The Children s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013 (S.S.I. 2013/150), arts. 1(1), 5 (with art. 4(2)); S.S.I. 2013/195

13 Sheriff’s power to make parenting order S

(1) Where a sheriff makes an antisocial behaviour order in respect of a child, the sheriff may, where subsection (2) applies, make a parenting order in respect of a parent of the child.

(2) This subsection applies where—

(a) the sheriff is satisfied that the making of the order is desirable in the interests of preventing the child from engaging in further antisocial behaviour; and

(b) the Scottish Ministers have notified the court that the local authority for the area in which the parent ordinarily resides has made arrangements that would enable the order to be complied with.

(3) In this section—

• “parent” has the meaning given by section 117; and

• “parenting order” has the meaning given by section 103(1).