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Children's Hearings (Scotland) Act 2011

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Part 16 SEnforcement of orders

168Enforcement of ordersS

(1)Subsection (2) applies where a relevant order authorising the keeping of a child in a particular place (an “authorised place”) is in force in relation to a child.

(2)An officer of law may enforce the order—

(a)by searching for and apprehending the child,

(b)by taking the child to the authorised place,

(c)where—

(i)it is not reasonably practicable to take the child immediately to the authorised place, F1...

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)so far as is necessary, by breaking open shut and lockfast places.

(3)In this section, “relevant order” means—

(a)a child assessment order,

(b)a child protection order,

(c)an order under section 55,

(d)a compulsory supervision order,

(e)an interim compulsory supervision order,

(f)a medical examination order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1S. 168 applied by 1989 c. 41, s. 25(8A) (as inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6))

Commencement Information

I1S. 168 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

169Child absconding from placeS

(1)This section applies where—

(a)a child requires to be kept in a particular place by virtue of—

(i)a child assessment order,

(ii)a child protection order,

(iii)an order under section 55,

(iv)section 56,

(v)section 65,

(vi)a compulsory supervision order,

(vii)an interim compulsory supervision order,

(viii)a medical examination order,

(ix)a warrant to secure attendance, or

(x)section 143, and

(b)the child absconds from that place or, at the end of a period of leave, fails to return to that place.

(2)The child may be F2... taken to that place.

(3)If a court is satisfied that there are reasonable grounds for believing that the child is within premises, the court may grant a warrant authorising an officer of law to—

(a)enter premises, and

(b)search for the child.

(4)The court may authorise the officer of law to use reasonable force for those purposes.

(5)Where the child is returned to the place mentioned in subsection (1), but the occupier of that place is unwilling or unable to receive the child—

(a)the officer of law returning the child must immediately notify the Principal Reporter of that fact, and

(b)the child must be kept in a place of safety until the occurrence of the relevant event.

(6)In subsection (5), the relevant event is—

(a)in the case mentioned in sub-paragraph (i) of subsection (1)(a), the end of the period specified in the child assessment order,

(b)in the case mentioned in sub-paragraph (ii) of that subsection, whichever of the following first occurs—

(i)the children's hearing arranged under section 45 or 69,

(ii)the termination of the child protection order,

(c)in the case mentioned in sub-paragraph (iii) of that subsection, whichever of the following first occurs—

(i)the order ceasing to have effect under section 55(4) or (5),

(ii)the determination by the sheriff of an application for a child protection order in respect of the child,

(d)in the case mentioned in sub-paragraph (iv) of that subsection, whichever of the following first occurs—

(i)the giving of notice under subsection (5) of section 56, or

(ii)the end of the period mentioned in subsection (3) of that section,

(e)in the case mentioned in sub-paragraph (v) of that subsection, whichever of the following first occurs—

(i)the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a), or

(ii)the children's hearing arranged by virtue of section 69(2),

(f)in the case mentioned in sub-paragraph (vi) of that subsection, the children's hearing arranged by virtue of section 131(2)(b),

(g)in the cases mentioned in sub-paragraphs (vii) and (ix) of that subsection whichever of the following first occurs—

(i)the next children's hearing that has been arranged in relation to the child,

(ii)the next hearing before the sheriff relating to the child that is to take place by virtue of this Act,

(h)in the cases mentioned in sub-paragraphs (viii) and (x) of that subsection, the next children's hearing that has been arranged in relation to the child.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C2S. 169(1)-(4) applied by 1989 c. 41, s. 25(8A) (as inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6))

Commencement Information

I2S. 169 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

170Child absconding from personS

(1)This section applies where—

(a)a person has (or is authorised to have) control of a child by virtue of—

(i)a child assessment order,

(ii)a child protection order,

(iii)an order under section 55,

(iv)section 56,

(v)section 65,

(vi)a compulsory supervision order,

(vii)an interim compulsory supervision order,

(viii)a medical examination order,

(ix)a warrant to secure attendance, or

(x)section 143, and

(b)the child absconds from that person.

(2)The child may be F3... taken to that person.

(3)If a court is satisfied that there are reasonable grounds for believing that the child is within premises, the court may grant a warrant authorising an officer of law to—

(a)enter premises, and

(b)search for the child.

(4)The court may authorise the officer of law to use reasonable force for those purposes.

(5)Where the child is returned to the person mentioned in subsection (1), but the person is unwilling or unable to receive the child—

(a)the officer of law returning the child must immediately notify the Principal Reporter of that fact, and

(b)the child must be kept in a place of safety until the occurrence of the relevant event.

(6)In subsection (5), the relevant event is—

(a)in the case mentioned in sub-paragraph (i) of subsection (1)(a), the end of the period specified in the child assessment order,

(b)in the case mentioned in sub-paragraph (ii) of that subsection, whichever of the following first occurs—

(i)the children's hearing arranged under section 45 or 69,

(ii)the termination of the child protection order,

(c)in the case mentioned in sub-paragraph (iii) of that subsection, whichever of the following first occurs—

(i)the order ceasing to have effect under section 55(4) or (5),

(ii)the determination by the sheriff of an application for a child protection order in respect of the child,

(d)in the case mentioned in sub-paragraph (iv) of that subsection, whichever of the following first occurs—

(i)the giving of notice under subsection (5) of section 56, or

(ii)the end of the period mentioned in subsection (3) of that section,

(e)in the case mentioned in sub-paragraph (v) of that subsection, whichever of the following first occurs—

(i)the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a), or

(ii)the children's hearing arranged by virtue of section 69(2),

(f)in the case mentioned in sub-paragraph (vi) of that subsection, the children's hearing arranged by virtue of section 131(2)(b),

(g)in the cases mentioned in sub-paragraphs (vii) and (ix) of that subsection whichever of the following first occurs—

(i)the next children's hearing that has been arranged in relation to the child,

(ii)the next hearing before the sheriff relating to the child that is to take place by virtue of this Act,

(h)in the cases mentioned in sub-paragraphs (viii) and (x) of that subsection, the next children's hearing that has been arranged in relation to the child.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I3S. 170 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

171Offences related to abscondingS

(1)This section applies where—

(a)a child requires to be kept in a particular place by virtue of—

(i)a child assessment order,

(ii)a child protection order,

(iii)a compulsory supervision order,

(iv)an interim compulsory supervision order,

(v)a medical examination order, or

(vi)a warrant to secure attendance, or

(b)a person has (or is authorised to have) control of a child by virtue of such an order or warrant.

(2)A person commits an offence if the person—

(a)knowingly assists or induces the child to abscond from the place or person,

(b)knowingly harbours or conceals a child who has absconded from the place or person, or

(c)knowingly prevents a child from returning to the place or person.

(3)The person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding 6 months or to both.

(4)This section is subject to—

(a)section 38(3) and (4) of the 1995 Act,

(b)section 51(5) and (6) of the Children Act 1989 (c.41), and

(c)Article 70(5) and (6) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 171 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

Yn ôl i’r brig

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