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subsection (12) is repealed;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”.