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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

199Meaning of “child”

This section has no associated Explanatory Notes

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

(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)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)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)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)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)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)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)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.

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