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The Children’s Hearings (Scotland) Act 2011 (Movement Restriction Conditions) Regulations 2013

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Restrictions and monitoring arrangements

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6.—(1) Where a children’s hearing or a sheriff, as the case may be, is making, varying, continuing, extending, extending and varying, further extending or further extending and varying a compulsory supervision order or an interim compulsory supervision order which contains a movement restriction condition, the following are prescribed restrictions and monitoring arrangements which must be imposed, for the purposes of section 150(1)(a) and (b) of the Act

(a)the place at which the child is required to reside;

(b)the days of the week during which the child is required to remain at that place, and the period or periods when the child is required to remain there, which period or periods must not exceed 12 hours in any one day; and

(c)the period for which the movement restriction condition is to have effect, which period must not exceed 6 months.

(2) Where a children’s hearing or a sheriff, as the case may be, is making, varying, continuing, extending, extending and varying, further extending or further extending and varying a compulsory supervision order or an interim compulsory supervision order which contains a movement restriction condition, the following are prescribed restrictions and monitoring arrangements which may be imposed, for the purposes of section 150(1)(a) and (b) of the Act—

(a)any address, location or place which the child is required not to enter;

(b)any requirements relative to the arrangements for monitoring compliance with the measures contained in the compulsory supervision order or the interim compulsory supervision order and in particular relative to the discharge of functions by any person designated by regulation 4(1);

(c)any requirements relative to the child’s participation in, or cooperation with, the child’s plan;

(d)any contingency arrangements relative to—

(i)sub-paragraph (a); or

(ii)paragraphs (1)(a) and (b),

which the children’s hearing or sheriff considers necessary when imposing a movement restriction condition; and

(e)any planned respite care arrangements for the child which the children’s hearing or sheriff considers necessary when imposing a movement restriction condition.

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