Public Health etc. (Scotland) Act 2008

70 Failure to ensure child’s compliance with order

(1) This section applies where an order mentioned in subsection (2) is made in relation to a person who is under 16 (a “child”).

(2) The order referred to in subsection (1) is—

(a) an exclusion order;

(b) a restriction order; or

(c) a quarantine order.

(3) A parent of the child who—

(a) has day-to-day care or control of the child; and

(b) fails, without reasonable excuse, to ensure that the child does not breach the order,

commits an offence.

(4) Where there is no such parent, a person mentioned in subsection (5) who fails, without reasonable excuse, to ensure that the child does not breach the order commits an offence.

(5) The person referred to in subsection (4) is a person who—

(a) is 16 or over; and

(b) has day-to-day care or control of the child otherwise than—

(i) by virtue of a contract of employment or other contract with any person; or

(ii) as a volunteer for a voluntary organisation.

(6) In proceedings for an offence under subsection (3) or (4), it is a defence for the person to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence.