The Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015

Prohibition of publication of exclusion order proceedings

2.—(1) The Children (Scotland) Act 1995(1) is modified as follows.

(2) In section 44 (prohibition of publication of proceedings at children’s hearing)(2)—

(a) for subsection (1) substitute—

“(1) No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—

(a) the child concerned in, or any other child connected (in any way) with, the proceedings; or

(b) any address or school as being that of any such child.”;

(b) in subsection (5)—

(i) omit paragraphs (b) and (c);

(ii) in the full-out, omit “, the Court or the Secretary of State as the case may be”.

(3) In section 93(2) (interpretation of Part II)(3)—

(a) in paragraph (a) after “Part” insert “and section 44”;

(b) in paragraph (b) for “Chapters 2 and” substitute “Chapter 2 (except section 44) and Chapter”.

(1)

1995 c.36.

(2)

Section 44 was amended for Scotland by the Criminal Justice (Scotland) Act 2003 (asp 7), section 52(a); the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 9(5); and by the Children and Young People (Scotland) Act 2014 (asp 8), schedule 5, paragraph 4(4). Section 44 was amended for England and Wales and Northern Ireland by S.I. 2011/1740, Schedule 2, Part 1, paragraph 3(2).

(3)

Section 93(2) was amended for Scotland by the Criminal Justice (Scotland) Act 2003 (asp 7), section 52(b); the Children’s Hearing’s (Scotland) Act 2011 (asp 1), schedule 5, paragraph 2(11) and schedule 6; and by S.S.I. 2013/211, Schedule 2. Section 93(2) was amended for England and Wales and Northern Ireland by S.I. 2013/1465, Schedule 2, Part 2.