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Children's Hearings (Scotland) Act 2011

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62Provision of information by courtS

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(1)This section applies where, in the course of relevant proceedings, a court considers that a section 67 ground (other than the ground mentioned in section 67(2)(j)) might apply in relation to a child.

(2)The court may refer the matter to the Principal Reporter.

(3)If the court refers the matter under subsection (2) it must give the Principal Reporter a section 62 statement.

(4)A section 62 statement is a statement—

(a)specifying which of the section 67 grounds the court considers might apply in relation to the child,

(b)setting out the reasons why the court considers that the ground might apply, and

(c)setting out any other information about the child which appears to the court to be relevant.

(5)In this section “relevant proceedings” means—

(a)an action for divorce,

(b)an action for separation,

(c)an action for declarator of marriage,

(d)an action for declarator of nullity of marriage,

(e)an action for dissolution of a civil partnership,

(f)an action for separation of civil partners,

(g)an action for declarator of nullity of a civil partnership,

(h)an action for declarator of parentage,

(i)an action for declarator of non-parentage,

(j)proceedings relating to parental responsibilities or parental rights,

(k)an application for an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)),

(l)an application for the making, variation or revocation of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007) in respect of a child who is not subject to a compulsory supervision order, F1...

(m)proceedings relating to an offence under any of the following sections of the Education (Scotland) Act 1980 (c.44)—

(i)section 35 (failure by parent to secure regular attendance by child at a public school),

(ii)section 41 (failure to comply with attendance order),

(iii)section 42(3) (failure to permit examination of child).

[F2(n)an application for the making, variation, recall or extension of—

(i)a forced marriage protection order (as defined in section 1(6) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)), or

(ii)an interim forced marriage protection order (as defined in section 5(2) of that Act),

(o)civil proceedings in which a court makes an order such as is mentioned in sub-paragraph (i) or (ii) of paragraph (n) by virtue of section 4(1) of that Act (power to make order without application), or

(p)proceedings relating to an offence under section 9(1) of that Act (offence of breaching order).]

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Commencement Information

I1S. 62 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

Yn ôl i’r brig

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