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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 No. 194

Requirements where compulsory supervision order to be made

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80.  The children’s hearing may not make a compulsory supervision order requiring a child to reside at a place where the child would be under the charge or control of a person who is not a relevant person or vary any compulsory supervision order so that it includes such a requirement unless the children’s hearing has—

(a)received and considered a report or information provided by the local authority or implementation authority under section 66(4) (investigation and determination by Principal Reporter), 69(4) (determination under section 66: referral to children’s hearing), 137(4) or (5) (duty to arrange children’s hearing) of the Act, as the case may be, which provides the local authority’s or implementation authority’s recommendations on—

(i)the needs of the child;

(ii)the suitability to meet those needs of the place or places in which the child is to reside by virtue of the compulsory supervision order;

(iii)the suitability to meet those needs of the person who is to have charge or control over the child; and

(b)the local authority or implementation authority as the case may be have confirmed that in compiling the report they have carried out the procedures and gathered the information described in regulations 3 and 4 of the Looked After Children (Scotland) Regulations 2009(1).

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