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(1)A children’s hearing or a court may make a decision that is inconsistent with the requirement imposed by section 25(2) if—
(a)the children’s hearing or court considers that, for the purpose of protecting members of the public from serious harm (whether physical or not), it is necessary that the decision be made, and
(b)in coming to the decision, the children’s hearing or court complies with subsection (2).
(2)The children’s hearing or court is to regard the need to safeguard and promote the welfare of the child throughout the child’s childhood as a primary consideration rather than the paramount consideration.
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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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