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The Children’s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013

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Supervision requirements containing condition that child be placed and kept in secure accommodation

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11.—(1) Where paragraph (2) applies to a child and, but for this paragraph the supervision requirement would be treated as if it were a compulsory supervision order in accordance with article 6 or 7 the supervision requirement is not to be treated as if it were a compulsory supervision order until the condition that the child shall be liable to be placed and kept in secure accommodation in a residential establishment has been removed and—

(a)the period for any appeal in respect of the decision of the children’s hearing to remove that condition under the 1995 Act has expired with no appeal or further appeal, as the case may be, being taken; or

(b)if an appeal or further appeal, as the case may be, is taken, when that appeal or further appeal is concluded.

(2) This paragraph applies where on or after the relevant date, a child is subject to or, as the case may be, is made subject to, a supervision requirement which contains a condition imposed in accordance with section 70(9A)(a) of the 1995 Act that the child shall be liable to be placed and kept in secure accommodation in a residential establishment.

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