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

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Measures for the emergency protection of children

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16.—(1) Despite article 2(1), where on or after the relevant date—

(a)(i)a children’s hearing arranged under section 59(2) of the 1995 Act (initial hearing of case of child subject to child protection order) is held; and

(ii)the child protection order is continued by the children’s hearing under section 59(4) of that Act; or

(b)a child protection order is continued by a sheriff under section 60(12)(d) of that Act (duration, recall or variation of child protection order),

paragraphs (2) and (3) have effect.

(2) Notice received by the Principal Reporter of the making of the child protection order under section 57 of the 1995 Act (child protection orders) is to be treated for all purposes as if it had been notice of the making of the child protection order given to the Principal Reporter under section 43 of the 2011 Act (notice of child protection order).

(3) References to section 65(2) of the 1995 Act (referral to, and proceedings at, children’s hearing) in sections 59(4) and 60(12)(d) of that Act are to be read as references to section 69(2) of the 2011 Act (determination under section 66: referral to children’s hearing) and the Principal Reporter must arrange a children’s hearing in accordance with that subsection of the 2011 Act.

(4) A children’s hearing arranged in accordance with paragraph (3) must take place no later than the eighth working day after the child protection order was implemented.

(5) The reference in paragraph (4) to the day on which the child protection order was implemented is to be construed in accordance with section 59(5)(a) and (b) of the 1995 Act.

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