Search Legislation

The Children’s Hearings (Scotland) Act 2011 (Compulsory Supervision Orders etc.: Further Provision) Regulations 2013

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (Compulsory Supervision Orders etc.: Further Provision) Regulations 2013 and come into force on the same day as section 149 (compulsory supervision orders etc.: further provision) of the Act.

Interpretation and formal communications

2.—(1) In these Regulations—

“the Act” means the Children’s Hearings (Scotland) Act 2011;

“the Children’s Hearings Rules” means the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013(1); and

sheriff court rules” means the Act of Sederunt (Child Care and Maintenance Rules) 1997(2).

(2) Any information provided or any other type of communication made or given under these Regulations is a formal communication and section 193(2) to (4) applies to them as it does to other formal communications under the Act.

Transmission of information relating to a child: compulsory supervision order

3.—(1) Where—

(a)a children’s hearing or, as the case may be, a sheriff has made, continued or varied a compulsory supervision order or an interim variation of a compulsory supervision order in relation to a child;

(b)a person, other than the implementation authority or a relevant person in relation to the child, has or is to have control over the child by virtue of the order; and

(c)it appears to the implementation authority that any report, or part of a report, on the child and the child’s social background which is put to the children’s hearing or sheriff for consideration of the case would assist that person in the care and supervision of the child,

then the implementation authority must act in accordance with paragraph (2).

(2) As soon as practicable after the implementation authority receives—

(a)notice under the Children’s Hearings Rules of the making, continuation or variation of the compulsory supervision order or of the interim variation of a compulsory supervision order; or

(b)notice under the sheriff court rules of the continuation or variation of the compulsory supervision order or of the making, continuation or variation of an interim variation of a compulsory supervision order,

the implementation authority must give a copy of that report, or part of that report, to the person referred to in paragraph (1)(b).

(3) Where at any time while a compulsory supervision order is in force in relation to a child it appears to the implementation authority that any information it has about the child or the child’s circumstances is relevant to the care of the child, it must make that information available to any person who has, or is to have, control over the child by virtue of the compulsory supervision order.

Transmission of information relating to a child: interim compulsory supervision order

4.—(1) Where—

(a)a children’s hearing or, as the case may be, a sheriff has made, continued, extended, varied, extended and varied, further extended or further extended and varied an interim compulsory supervision order in relation to a child;

(b)a person, other than the implementation authority or a relevant person in relation to the child, has or is to have control over the child by virtue of the order; and

(c)it appears to the implementation authority that any report, or part of a report, on the child and the child’s social background which is put to the children’s hearing or sheriff for consideration of the case would assist that person in the care and supervision of the child,

then the implementation authority must act in accordance with paragraph (2).

(2) As soon as practicable and, in any case, no later than 2 working days after receiving notice under—

(a)the Children’s Hearings Rules of the making or variation of the interim compulsory supervision order; or

(b)the sheriff court rules of the making, extension, variation, extension and variation, further extension or further extension and variation of the interim compulsory supervision order,

the implementation authority must give a copy of that report, or part of that report, to the person referred to in paragraph (1)(b).

(3) Where at any time while an interim compulsory supervision order is in force in relation to a child it appears to the implementation authority that any information it has about the child or the child’s circumstances is relevant to the care of the child, it must make that information available to any person who has, or is to have, control over the child by virtue of the interim compulsory supervision order.

Transmission of information relating to a child: medical examination order

5.—(1) Where—

(a)a children’s hearing or, as the case may be, a sheriff has made, continued or varied a medical examination order in relation to a child;

(b)a person, other than the relevant local authority or a relevant person in relation to the child, has or is to have control over the child by virtue of the order; and

(c)it appears to the relevant local authority that any report, or part of a report, on the child and the child’s social background which is put to the children’s hearing or sheriff for consideration of the case would assist that person in the care and supervision of the child,

the relevant local authority must act in accordance with paragraph (2).

(2) As soon as practicable and, in any case, no later than 2 working days after the relevant local authority receives—

(a)notice under the Children’s Hearings Rules of the making or variation of the medical examination order;

(b)notice under the sheriff court rules of the continuation or variation of the medical examination order,

the relevant local authority must give a copy of that report, or part of that report, to the person referred to in paragraph (1)(b).

(3) Where at any time while a medical examination order is in force in relation to a child it appears to the relevant local authority that any information they have about the child or the child’s circumstances is relevant to the care of the child, it must make that information available to any person who has, or is to have, control over the child by virtue of the medical examination order.

Provision of temporary accommodation for the child: compulsory supervision order

6.  Where—

(a)a children’s hearing or, as the case may be, a sheriff has made, continued or varied a compulsory supervision order in relation to a child; and

(b)the child is required to reside in a residential establishment or other place specified in the order; but

(c)the implementation authority is unable to make immediate arrangements for the child’s reception in that establishment or place,

the implementation authority must arrange for the child to be temporarily accommodated in a suitable place, other than the place specified in the order, for any period not exceeding 22 days commencing on the date of the making, continuation or variation of the order.

Provision of temporary accommodation for the child: interim compulsory supervision order

7.  Where—

(a)a children’s hearing or, as the case may be, a sheriff has made, continued, extended, varied, extended and varied, further extended or further extended and varied an interim compulsory supervision order in relation to a child; and

(b)the child is required to reside in a residential establishment or other place specified in the order; but

(c)the implementation authority is unable to make immediate arrangements for the child’s reception in that establishment or place,

the implementation authority must arrange for the child to be temporarily accommodated in a suitable place, other than the place specified in the order, for any period not exceeding 22 days commencing on the date of the making, continuation, extension, variation, extension and variation, further extension or further extension and variation of the order.

Provision of temporary accommodation for the child: medical examination order

8.  Where—

(a)a children’s hearing or, as the case may be, a sheriff has made, continued or varied a medical examination order in relation to a child; and

(b)the child is required to reside at a clinic, hospital or other establishment specified in the order; but

(c)the relevant local authority is unable to make immediate arrangements for the child’s reception in that clinic, hospital or other establishment,

the relevant local authority must arrange for the child to be temporarily accommodated in a suitable place, other than the place specified in the order, for any period not exceeding 22 days commencing on the date of the making, continuation or variation of the order.

Taking of the child to a place or person

9.—(1) Whenever it is necessary to take a child to any place in which the child is required to reside under a compulsory supervision order or an interim compulsory supervision order it is the duty of the implementation authority to ensure that the child is taken to that place.

(2) Whenever it is necessary to take a child to any place in which the child is required to reside under a medical examination order it is the duty of the relevant local authority to ensure that the child is taken to that place.

(3) Subject to paragraph (4), whenever it is necessary to take a child—

(a)to a place of safety under section 169 (child absconding from place) or 170 (child absconding from person) of the Act;

(b)to a place to which the child falls to be taken to under section 169(2) of the Act; or

(c)to a person to whom the child falls to be taken to under section 170(2) of the Act,

it is the duty of the relevant local authority to ensure that the child is taken to that place of safety, place or person.

(4) In the case of a compulsory supervision order, or an interim compulsory supervision order or where section 143 (transfers in cases of urgent necessity) of the Act applies, it is the duty of the implementation authority to ensure that the child is taken to that place of safety, place or person as specified in paragraph 3(a) to (c).

Revocation

10.  The Children’s Hearings (Transmission of Information etc.) (Scotland) Regulations 1996(3) are revoked.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th May 2013

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources