Children’s Hearings (Scotland) Act 2011 Explanatory Notes

Consideration of application by sheriff

Section 38 – Consideration by sheriff: application by local authority only

40.This section relates specifically to the sheriff’s consideration of a local authority application for a child protection order. Subsection (2) sets out what the sheriff must be satisfied of before making the child protection order.

Section 39 – Consideration by sheriff: application by a local authority or other person

41.This section relates to the sheriff’s consideration of an application for a child protection order by any person, including a local authority. Subsection (2) sets out what the sheriff must be satisfied of before making the child protection order.

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