SCHEDULEANCILLARY PROVISION
Modification of the Children (Scotland) Act 19952
Section 78 of the Children (Scotland) Act 199510 is modified as follows—
a
in subsection (10), paragraph (b) and the word “; and” immediately preceding it are omitted;
b
subsection (12) is repealed;
c
before subsection (13) insert—
12A
Subsection (13) applies where—
a
a person is brought before the sheriff under subsection (11) above; and
b
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
d
in subsection (13), for “a person is brought before the sheriff under subsection (11) above” substitute “this subsection applies”;
e
after subsection (13) insert—
13A
Subsection (14) applies where—
a
a person has been liberated under subsection (7)(a) above; or
b
the following conditions are met—
i
a person is to be brought before the sheriff under subsection (11) above; and
ii
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
f
in subsection (14)—
i
for the words from the beginning to “subsection (11) above” substitute “Where this subsection applies”;
ii
for the words from “in the case of” to “, before that” substitute “where the conditions in subsection (13A)(b) above are met, before the”.