Part 15Appeals
Other appeals
I1162Appeal to sheriff against decision to implement secure accommodation authorisation
1
This section applies where a relevant order or warrant made in relation to a child includes a secure accommodation authorisation.
2
A relevant order or warrant is—
a
a compulsory supervision order,
b
an interim compulsory supervision order,
c
a medical examination order,
d
a warrant to secure attendance.
3
The child or a relevant person in relation to the child may appeal to the sheriff against a relevant decision in relation to the authorisation.
4
A relevant decision is a decision by the chief social work officer—
a
to implement the authorisation,
b
not to implement the authorisation,
c
to remove the child from secure accommodation.
5
An appeal under subsection (3) may be made jointly by—
a
the child and one or more relevant persons in relation to the child, or
b
two or more relevant persons in relation to the child.
6
An appeal must not be held in open court.
7
The Scottish Ministers may by regulations make further provision about appeals under subsection (3).
8
Regulations under subsection (7) may in particular—
a
specify the period within which an appeal may be made,
b
make provision about the hearing of evidence during an appeal,
c
make provision about the powers of the sheriff on determining an appeal,
d
provide for appeals to the F1Sheriff Appeal Court and Court of Session against the determination of an appeal.
9
Regulations under subsection (7) are subject to the affirmative procedure.