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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

138Privacy of certain proceedings

This section has no associated Explanatory Notes

(1)Subject to subsection (2)—

(a)proceedings mentioned in subsection (4) shall be conducted and determined in private; and

(b)no person other than a person whose presence is necessary for their proper consideration shall be present.

(2)The court before which particular proceedings are taking place may direct that the proceedings—

(a)shall take place in public; or

(b)shall take place in the presence of such additional persons as the court may direct.

(3)A direction under subsection (2) may be given in respect of the whole, or any part, of proceedings.

(4)The proceedings referred to in subsection (1) are—

(a)proceedings before a sheriff on an application for—

(i)an order under section 4(1) in respect of a child;

(ii)the variation, or revocation, under section 5(1) of such an order;

(iii)an order under section 102(1); or

(iv)the variation, or revocation, under section 105(1) of an order made under section 13(1) or 102(1);

(b)proceedings before a sheriff for the purpose of considering whether—

(i)to make an order under section 7(2) in respect of a child;

(ii)to recall such an order;

(iii)to make a requirement under section 12(1);

(iv)to make an order under section 13(1); or

(v)to make an order under section 105(5); and

(c)an appeal arising from proceedings mentioned in paragraph (a) or (b).

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