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Adoption and Children (Scotland) Act 2007

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Orders and supervision requirementsS

95Duty of children's hearing to prepare report for courtS

(1)Subsection (2) applies where—

(a)an application is made for a permanence order, or variation of such an order, in respect of a child,

(b)the application has not been determined (or, as the case may be, withdrawn or abandoned), and

(c)a children's hearing proposes to [F1 make or vary (other than by interim variation, as defined in section 140 of the Children’s Hearing (Scotland) Act 2011 (asp 1) ) a compulsory supervision order in respect of the child. ]

(2)The children's hearing must prepare for the court to which the application has been made a report containing such information as the Scottish Ministers may by regulations prescribe.

(3)In subsection (1)(a), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

Textual Amendments

Commencement Information

I1S. 95(1)(3) in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

I2S. 95(2) in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.

I3S. 95(2) in force at 28.9.2009 in so far as not already in force by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

96[F2Application: effect on compulsory supervision order]S

(1)Subsection (2) applies where an application is made for a permanence order, or variation of such an order, in respect of a child.

(2)A [F3compulsory supervision order may not be made or varied (other than by interim variation, as defined in section 140 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) in respect of the child], until the application is determined (or, as the case may be, withdrawn or abandoned).

(3)Subsection (2) does not apply if the court to which the application is made refers the child's case to the Principal Reporter (whether following receipt of a report under section 95 or otherwise).

(4)In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97[F5Interim orders and revocation of compulsory supervision order]S

(1)Subsection (2) applies where an application is made for a permanence order, or variation of such an order, in respect of a child.

(2)The appropriate court may make such interim order as it thinks fit.

(3)Subsection (4) applies where—

(a)the child in respect of whom an interim order is to be made is subject to a [F6compulsory supervision order], and

(b)the court is satisfied that, were it to make an interim order in relation to the child, [F7it would no longer be necessary that, for the protection, guidance, treatment or control of the child, the child be subject to the compulsory supervision order.]

(4)The court must make an order providing that, on the making of the interim order, the [F8compulsory supervision order] ceases to have effect.

(5)If—

(a)the child in respect of whom an interim order is made is subject to a [F9compulsory supervision order], and

(b)the provisions of the [F10interim order conflict, or are otherwise inconsistent, with the compulsory supervision order]

the provisions of the[F11interim] order prevail.

(6)In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

Textual Amendments

Commencement Information

I5S. 97 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

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