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Part 5 SChild assessment and child protection orders

Variation or termination of order by sheriffS

51Determination by sheriffS

(1)This section applies where an application is made under section 48 in relation to a child protection order.

(2)The sheriff must, before determining the application, give the following persons an opportunity to make representations—

(a)the applicant,

(b)the child in respect of whom the child protection order is made,

(c)each relevant person in relation to the child,

(d)any person not falling within paragraph (c) who the sheriff considers to have (or to recently have had) a significant involvement in the upbringing of the child,

(e)the applicant for the child protection order,

(f)the relevant local authority for the child (if the authority did not apply for the child protection order),

(g)the Principal Reporter.

(3)The application must be determined within 3 working days after the day on which it is made.

(4)The child protection order ceases to have effect at the end of that period if the application is not determined within that period.

(5)The sheriff may—

(a)terminate the child protection order if the sheriff is not satisfied of—

(i)where the order was made under section 38, the matters mentioned in subsection (2)(a) to (d) of that section, or

(ii)where the order was made under section 39, the matters mentioned in subsection (2)(a) and (b) of that section,

(b)vary the child protection order (including by terminating, varying or including an information non-disclosure direction, a contact direction or a parental responsibilities and rights direction), or

(c)confirm the child protection order.

(6)If the sheriff orders that the child protection order is to be terminated, the order ceases to have effect at the end of the hearing before the sheriff.

Annotations:

Commencement Information

I1S. 51 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3