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Part 5SChild assessment and child protection orders

Termination of orderS

53Power of Principal Reporter to terminate orderS

(1)If the Principal Reporter is satisfied that the conditions for the making of a child protection order in respect of a child are no longer satisfied, the Principal Reporter may terminate the order by giving notice to—

(a)the person specified in the order under section 37(2)(a), or

(b)where there is no such person specified, the applicant for the order.

(2)If the Principal Reporter is satisfied that the conditions for including a relevant direction in a child protection order in respect of a child are no longer satisfied, the Principal Reporter may vary the child protection order so as to terminate the direction by giving notice to—

(a)the person specified in the order under section 37(2)(a), or

(b)where there is no such person specified, the applicant for the order.

(3)A relevant direction is—

(a)an information non-disclosure direction,

(b)a contact direction,

(c)a parental responsibilities and rights direction.

(4)The Principal Reporter may not terminate or vary the order if—

(a)[F1a children's hearing arranged under section 45 or 46 has commenced, or]

(b)proceedings before the sheriff in relation to an application under section 48 have commenced.

(5)Where the Principal Reporter terminates or varies a child protection order under subsection (1), the Principal Reporter must notify the sheriff who granted the order.

Textual Amendments

F1S. 53(4)(a) and word repealed (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 2(6) (with ss. 11-13, sch. 3 para. 2(7)) (which affecting provision expires (30.9.2021 at the end of the day) by virtue of Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2) (with sch. para. 1))

Commencement Information

I1S. 53 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3