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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

87Meaning of “medical examination order”

This section has no associated Explanatory Notes

(1)In this Act “medical examination order”, in relation to a child, means an order authorising for the relevant period any of the measures mentioned in subsection (2).

(2)The measures are—

(a)a requirement that the child attend or reside at a specified clinic, hospital or other establishment,

(b)subject to section 186, a requirement that a specified local authority arrange a specified medical examination of the child,

(c)a prohibition on the disclosure (whether directly or indirectly) of a place specified under paragraph (a),

(d)a secure accommodation authorisation,

(e)a direction regulating contact between the child and a specified person or class of person,

(f)any other specified condition appearing to the children’s hearing to be appropriate for the purposes of ensuring that the child complies with the order.

(3)A medical examination order may include a secure accommodation authorisation only if—

(a)the order authorises the keeping of the child in a residential establishment,

(b)one of the conditions mentioned in subsection (4) applies, and

(c)having considered the other options available the children’s hearing is satisfied that it is necessary to do so.

(4)The conditions are—

(a)that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that the child’s physical, mental or moral welfare would be at risk,

(b)that the child is likely to engage in self-harming conduct,

(c)that the child is likely to cause injury to another person.

(5)In this section—

  • “medical” includes psychological,

  • “relevant period”, in relation to a medical examination order, means the period beginning with the making of the order and ending with whichever of the following first occurs—

    (a)

    the beginning of the next children’s hearing arranged in relation to the child,

    (b)

    a day specified in the order,

    (c)

    the expiry of the period of 22 days beginning on the day on which the order is made,

  • “specified” means specified in the order.

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