26Decisions inconsistent with section 25S
(1)A children's hearing or a court may make a decision that is inconsistent with the requirement imposed by section 25(2) if—
(a)the children's hearing[F1, pre-hearing panel] or court considers that, for the purpose of protecting members of the public from serious harm (whether physical or not), it is necessary that the decision be made, and
(b)in coming to the decision, the children's hearing[F1, pre-hearing panel] or court complies with subsection (2).
(2)The children's hearing[F2, pre-hearing panel] or court is to regard the need to safeguard and promote the welfare of the child throughout the child's childhood as a primary consideration rather than the paramount consideration.
Textual Amendments
F1Words in s. 26(1)(a)(b) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(3)
F2Words in s. 26(2) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(3)
Commencement Information
I1S. 26 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3