Children's Hearings (Scotland) Act 2011

199 Meaning of “child” S

(1) In this Act, “child” means a person who is under [F1 16] [F1 18] years of age (but subject to [F2 subsections (2) to (9)] [F2 subsection (2)]).

(2) In paragraph (o) of section 67(2) and the other provisions of this Act in their application in relation to that paragraph, “child” means a person who is of school age.

(3) [F3 Subsection (4) applies where a person becomes 16 years of age—

(a) after section 66 applies in relation to the person, but

(b) before a relevant event.]

(4) [F3 For the purposes of the application of this Act to the person, references in this Act to a child include references to the person until a relevant event occurs.]

(5) [F3 A relevant event is—

(a) the making of a compulsory supervision order in relation to the person,

(b) the notification of the person under section 68(3) that the question of whether a compulsory supervision order should be made in respect of the person will not be referred to a children's hearing, or

(c) the discharge of the referral.]

(6) [F3 Subsection (7) applies if—

(a) a compulsory supervision order is in force in respect of a person on the person's becoming 16 years of age, or

(b) a compulsory supervision order is made in respect of a person on or after the person becomes 16 years of age.]

(7) [F3 For the purposes of the application of the provisions of this Act relating to that order, references in this Act to a child include references to the person until whichever of the following first occurs—

(a) the order is terminated, or

(b) the person becomes 18 years of age.]

(8) [F3 Subsection (9) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.]

(9) [F3 For the purposes of the application of this Act to the person whose case is remitted, references in this Act to a child include references to the person until whichever of the following first occurs—

(a) a children's hearing or the sheriff discharges the referral,

(b) a compulsory supervision order made in respect of the person is terminated, or

(c) the person becomes 18 years of age.]

Textual Amendments

F1 Word in s. 199(1) substituted (28.8.2024 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(a)(i), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3)

F2 Words in s. 199(1) substituted (28.8.2024 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(a)(ii), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3)

F3 S. 199(3)-(9) repealed (28.8.2024 for specified purposes) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 1(2)(b), 38(3); S.S.I. 2024/211, reg. 2(a) (with reg. 3)

Modifications etc. (not altering text)

C1 S. 199 modified (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(11)