Children’s Hearings (Scotland) Act 2011

Withdrawal of application: termination of orders etc.

107 Withdrawal of application: termination of orders etc. by Principal Reporter

(1) This section applies where—

(a) an application is made to the sheriff by virtue of section 93(2)(a) or 94(2)(a), and

(b) before the application is determined, due to a change of circumstances or information becoming available to the Principal Reporter, the Principal Reporter no longer considers that any ground to which the application relates applies in relation to the child.

(2) The Principal Reporter must withdraw the application.

(3) If one or more grounds were accepted at the grounds hearing which directed the Principal Reporter to make the application, the Principal Reporter must arrange a children’s hearing to decide whether to make a compulsory supervision order in relation to the child.

(4) If none of the grounds was accepted at the grounds hearing, any interim compulsory supervision order or warrant to secure attendance which is in force in relation to the child ceases to have effect on the withdrawal of the application.