Search Legislation

Children’s Hearings (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

67Meaning of “section 67 ground”

This sectionnoteType=Explanatory Notes has no associated

(1)In this Act “section 67 ground”, in relation to a child, means any of the grounds mentioned in subsection (2).

(2)The grounds are that—

(a)the child is likely to suffer unnecessarily, or the health or development of the child is likely to be seriously impaired, due to a lack of parental care,

(b)a schedule 1 offence has been committed in respect of the child,

(c)the child has, or is likely to have, a close connection with a person who has committed a schedule 1 offence,

(d)the child is, or is likely to become, a member of the same household as a child in respect of whom a schedule 1 offence has been committed,

(e)the child is being, or is likely to be, exposed to persons whose conduct is (or has been) such that it is likely that—

(i)the child will be abused or harmed, or

(ii)the child’s health, safety or development will be seriously adversely affected,

(f)the child has, or is likely to have, a close connection with a person who has carried out domestic abuse,

(g)the child has, or is likely to have, a close connection with a person who has committed an offence under Part 1, 4 or 5 of the Sexual Offences (Scotland) Act 2009 (asp 9),

(h)the child is being provided with accommodation by a local authority under section 25 of the 1995 Act and special measures are needed to support the child,

(i)a permanence order is in force in respect of the child and special measures are needed to support the child,

(j)the child has committed an offence,

(k)the child has misused alcohol,

(l)the child has misused a drug (whether or not a controlled drug),

(m)the child’s conduct has had, or is likely to have, a serious adverse effect on the health, safety or development of the child or another person,

(n)the child is beyond the control of a relevant person,

(o)the child has failed without reasonable excuse to attend regularly at school,

(p)the child—

(i)is being, or is likely to be, subjected to physical, emotional or other pressure to enter into a marriage or civil partnership, or

(ii)is, or is likely to become, a member of the same household as such a child.

(3)For the purposes of paragraphs (c), (f) and (g) of subsection (2), a child is to be taken to have a close connection with a person if—

(a)the child is a member of the same household as the person, or

(b)the child is not a member of the same household as the person but the child has significant contact with the person.

(4)The Scottish Ministers may by order—

(a)amend subsection (2) by—

(i)adding a ground,

(ii)removing a ground for the time being mentioned in it, or

(iii)amending a ground for the time being mentioned in it, and

(b)make such other amendments of this section as appear to the Scottish Ministers to be necessary or expedient in consequence of provision made under paragraph (a).

(5)An order under subsection (4) is subject to the affirmative procedure.

(6)In this section—

  • “controlled drug” means a controlled drug as defined in section 2(1)(a) of the Misuse of Drugs Act 1971 (c.38),

  • “permanence order” has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4),

  • “schedule 1 offence” means an offence mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (c.46) (offences against children under 17 years of age to which special provisions apply).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act 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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources