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(1)Nothing in this Act prejudices any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment).
(2)In particular, where—
(a)under an order mentioned in subsection (3) any examination or treatment is arranged for the child, and
(b)the child has the capacity mentioned in section 2(4) of the Age of Legal Capacity (Scotland) Act 1991,
the examination or treatment may be carried out only if the child consents to it.
(3)Those orders are—
(a)a child assessment order,
(b)a child protection order,
(c)a compulsory supervision order,
(d)an interim compulsory supervision order,
(e)a medical examination order.
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Text created by the Scottish Government 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.
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