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Children's Hearings (Scotland) Act 2011

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202InterpretationS

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(1)In this Act, unless the context otherwise requires—

  • the 1995 Act” means the Children (Scotland) Act 1995 (c.36),

  • affirmative procedure” is to be construed in accordance with section 197,

  • CHS” means Children's Hearings Scotland,

  • chief social work officer” means the officer appointed under section 3 of the Social Work (Scotland) Act 1968 (c.49) by—

    (a)

    in relation to a compulsory supervision order or an interim compulsory supervision order, the implementation authority,

    (b)

    in relation to a medical examination order or a warrant to secure attendance, the relevant local authority for the child to whom the order or warrant relates,

  • child assessment order” means an order mentioned in section 35,

  • child protection order” means an order mentioned in section 37,

  • compulsory supervision order” has the meaning given by section 83,

  • contact order” has the meaning given by section 11(2)(d) of the 1995 Act,

  • crime” has the meaning given in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

  • functions” includes powers and duties; and “confer”, in relation to functions, includes impose,

  • grounds determination” has the meaning given by section 110(1),

  • grounds hearing” has the meaning given by section 90,

  • “implementation authority”—

    (a)

    in relation to a compulsory supervision order, has the meaning given by section 83(1)(b),

    (b)

    in relation to an interim compulsory supervision order, has the meaning given by section 86(1)(b),

  • interim compulsory supervision order” has the meaning given by section 86,

  • interim variation”, in relation to a compulsory supervision order, has the meaning given by section 140,

  • medical examination order” has the meaning given by section 87,

  • movement restriction condition” has the meaning given by section 84,

  • negative procedure” is to be construed in accordance with section 196,

  • officer of law” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

  • parental responsibilities” has the meaning given by section 1(3) of the 1995 Act,

  • parental rights” has the meaning given by section 2(4) of the 1995 Act,

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

  • place of safety”, in relation to a child, means—

    (a)

    a residential or other establishment provided by a local authority,

    (b)

    a community home within the meaning of section 53 of the Children Act 1989 (c.41),

    (c)

    a police station,

    (d)

    a hospital or surgery, the person or body of persons responsible for the management of which is willing temporarily to receive the child,

    (e)

    the dwelling-house of a suitable person who is so willing, or

    (f)

    any other suitable place the occupier of which is so willing,

  • pre-hearing panel” has the meaning given by section 79(2)(a),

  • prosecutor” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

  • residential establishment” means—

    (a)

    an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of this Act, the 1995 Act or the Social Work (Scotland) Act 1968 (c.49),

    (b)

    a home in England or Wales that is—

    (i)

    a community home within the meaning of section 53 of the Children Act 1989 (c.41),

    (ii)

    a voluntary home within the meaning of that Act, or

    (iii)

    a private children's home within the meaning of that Act, or

    (c)

    [F1an establishment in Northern Ireland that is—

    (i)

    a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 ),

    (ii)

    an authority home provided under Part VII of that Order, or

    (iii)

    a voluntary home provided under Part VIII of that Order,]

  • safeguarder” has the meaning given by section 30(1),

  • school age” has the meaning given by section 31 of the Education (Scotland) Act 1980 (c.44),

  • secure accommodation” means accommodation provided [F2for the purpose of restricting the liberty of children which—

    (a)

    in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8) ,

    (b)

    in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43) , “secure accommodation” means accommodation in relation to England which—

    (i)

    is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, and

    (ii)

    is approved by the Secretary of State for the purpose of restricting the liberty of children,

    (c)

    in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act,]

  • secure accommodation authorisation” has the meaning given by section 85,

  • statement of grounds” has the meaning given by section 89(3),

  • subordinate legislation” means—

    (a)

    an order,

    (b)

    regulations, or

    (c)

    rules,

  • super-affirmative procedure” is to be construed in accordance with section 198,

  • [F3supporting facts” has the meaning given by section 90(1D),]

  • warrant to secure attendance” has the meaning given by section 88, and

  • working day” means every day except—

    (a)

    Saturday and Sunday,

    (b)

    25 and 26 December,

    (c)

    1 and 2 January.

(2)References in this Act to a decision of a children's hearing are references to a decision of a majority of the members of a children's hearing.

[F4(2A)References in this Act to a determination of a pre-hearing panel are references to a determination of a majority of the members of a pre-hearing panel.]

(3)References in this Act to varying a compulsory supervision order, an interim compulsory supervision order or a medical examination order include varying the order by adding or removing measures.

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