Search Legislation

Children’s Hearings (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

Children (Scotland) Act 1995 (c.36)

This section has no associated Explanatory Notes

2(1)The Children (Scotland) Act 1995 is amended as follows.

(2)In section 12 (restrictions on certain decrees)—

(a)in subsection (1), for “or 54 of this Act” substitute “of this Act or section 62 of the Children’s Hearings (Scotland) Act 2011”,

(b)in subsection (2)(a), for “or 54 of this Act” substitute “of this Act or section 62 of the Children’s Hearings (Scotland) Act 2011”.

(3)In section 16 (welfare of child and consideration of views)—

(a)in subsection (1)—

(i)the words “a children’s hearing decide, or” are repealed,

(ii)the words “their or” are repealed,

(b)in subsection (2), the words “a children’s hearing or as the case may be” are repealed,

(c)in subsection (3)—

(i)for “(4)(a)(i) or (ii) or (b)” substitute “(4)”,

(ii)the words “requirement or”, in both places where they occur, are repealed,

(iii)the words “the children’s hearing consider, or as the case may be” are repealed,

(d)for subsection (4) substitute—

(4)The circumstances to which subsection (2) refers are that the sheriff is considering whether to make, vary or discharge an exclusion order.,

(e)in subsection (5)—

(i)paragraph (a) is repealed,

(ii)in paragraph (b), for “Chapters 1 to 3” substitute “Chapter 1 or 3”.

(4)In section 17 (duty of local authority to child looked after by them)—

(a)in subsection (6), for paragraph (b) substitute—

(b)who is subject to a compulsory supervision order or an interim compulsory supervision order and in respect of whom they are the implementation authority (within the meaning of the Children’s Hearings (Scotland) Act 2011);,

(b)subsection (6)(c) is repealed,

(c)in subsection (6)(d), for “such responsibilities” substitute “responsibilities as respects the child”.

(5)In section 19 (local authority plans for services for children)—

(a)in subsection (2), after paragraph (a) insert—

(aa)the Children’s Hearings (Scotland) Act 2011;,

(b)in subsection (5)—

(i)in paragraph (c), the words “appointed under section 127 of the Local Government etc. (Scotland) Act 1994” are repealed,

(ii)for paragraph (d) substitute—

(d)the National Convener of Children’s Hearings Scotland;.

(6)In section 33 (effect of orders etc. made in different parts of the United Kingdom)—

(a)in subsection (1)—

(i)the words “or to a supervision requirement” are repealed,

(ii)the words “or, as the case may be, as if it were a supervision requirement” are repealed,

(b)in subsection (2)—

(i)paragraph (b) is repealed,

(ii)in the full-out, the words “or requirement” are repealed,

(c)subsection (4) is repealed,

(d)in subsection (5)(b), the words “or to a supervision requirement” are repealed,

(e)in subsection (5)(c), the words “or to a supervision requirement” are repealed.

(7)In section 38(4) (limited disapplication of certain enactments while child being provided with refuge), for “section 83 of this Act” substitute “section 171 of the Children’s Hearings (Scotland) Act 2011”.

(8)In section 75 (powers in relation to secure accommodation)—

(a)in subsection (1)(b), for “supervision requirement” substitute “compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance (all within the meaning of the Children’s Hearings (Scotland) Act 2011)”,

(b)after subsection (2) insert—

(2A)In subsection (2), “relevant person” has the meaning given by section 200 of the Children’s Hearings (Scotland) Act 2011 and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act., and

(c)for subsection (4) substitute—

(4)A child may not be kept in secure accommodation by virtue of regulations made under this section for a period exceeding 66 days from the day when the child was first taken to the secure accommodation..

(9)In section 76(8) (making of child protection order instead of exclusion order)—

(a)in paragraph (b), for “section 57 of this Act” substitute “Part 5 of the Children’s Hearings (Scotland) Act 2011”,

(b)in the full-out—

(i)for “an order under that section” substitute “a child protection order”,

(ii)after “that” insert “Part”.

(10)In section 93(1) (interpretation), in the definition of “children’s hearing”, for “section 39(3); but does not include a business meeting arranged under section 64, of this Act” substitute “section 5 of the Children’s Hearings (Scotland) Act 2011”.

(11)In section 93(2)(b) (meaning of “child”), for the definition of “child” substitute—

  • “child” means—

    (i)

    in relation to section 75, a person under the age of 18 years,

    (ii)

    in relation to any other section, a person under the age of 16 years;.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources