The Children’s Hearings (Scotland) Act 2011 (Transfer of Children to Scotland – Effect of Orders made in England and Wales or Northern Ireland) Regulations 2013

Effect of care orders made in England and Wales

3.—(1) This regulation applies where—

(a) a child is subject to a care order made under section 31(1)(a) of the 1989 Act;

(b) the court has given approval under paragraph 19(1) of Schedule 2 to the 1989 Act to the local authority (“the home local authority”) to arrange, or assist in arranging, for the child to live in Scotland;

(c) the local authority for the area in which the child is to reside, or has moved to, in Scotland (“the receiving local authority”) has, through the Principal Reporter, notified the court in writing that it agrees to take over the care of the child; and

(d) the home local authority has notified the court that it agrees to the receiving local authority taking over the care of the child.

(2) The care order has effect as if it were a compulsory supervision order.

(3) In this regulation “court” means the court which has given the approval in terms of paragraph 19(1) of Schedule 2 to the 1989 Act.