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Children (Scotland) Act 1995

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  • Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Chapter 2E+W+S+N.I. Children’s Hearings

Constitution of children’s hearingsS

F139 Formation of children’s panel and children’s hearings.S

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Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Qualifications, employment and duties of reportersS

F140 Qualification and employment of reporters.S

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Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Safeguards for childrenS

F141 Safeguarding child’s interests in proceedings.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Conduct of proceedings at and in connection with children’s hearingE+W+S+N.I.

F142 Power of Secretary of State to make rules governing procedure at children’s hearing etc.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F143 Privacy of proceedings at and right to attend children’s hearing.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

44 Prohibition of publication of proceedings at children’s hearing.E+W+S+N.I.

(1)No person shall publish [F2any matter in respect of a case about which the Principal Reporter has from any source received information or] any matter in respect of proceedings at a children’s hearing, or before a sheriff on an application under section 57, section 60(7), section 65(7) or (9), section 76(1) or section 85(1) of this Act, or on any appeal under this Part of this Act, which is intended to, or is likely to, identify—

(a)[F3the child concerned in, or any other child connected (in any way) with, the case,] proceedings or appeal; or

(b)an address or school as being that of any such child.

(2)Any person who contravenes subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale in respect of each such contravention.

(3)It shall be a defence in proceedings for an offence under this section for the accused to prove that he did not know, and had no reason to suspect, that the published matter was intended, or was likely, to identify the child or, as the case may be, the address or school.

(4)In this section “to publish” includes, without prejudice to the generality of that expression,—

(a)to publish matter in a programme service, as defined by section 201 of the M1Broadcasting Act 1990 (definition of programme service); and

(b)to cause matter to be published.

(5)The requirements of subsection (1) above may, in the interests of justice, be dispensed with by—

(a)the sheriff in any proceedings before him;

(b)the Court of Session in any appeal under section 51(11) of this Act; or

(c)the Secretary of State in relation to any proceedings at a children’s hearing,

to such extent as the sheriff, the Court or the Secretary of State as the case may be considers appropriate.

F4[F5(6)The requirements of subsection (1) do not apply in relation to the publication by or on behalf of a local authority or an adoption agency (within the meaning of the Adoption and Children (Scotland) Act 2007 (asp 4)) of information about a child for the purposes of making arrangements in relation to the child under this Act or that Act.]

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Amendments (Textual)

F2Words in s. 44(1) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 52(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F3Words in s. 44(1)(a) substituted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 52(a)(ii), 89; S.S.I. 2003/288, art. 2, Sch.

Marginal Citations

F145 Attendance of child and relevant person at children’s hearing.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F146 Power to exclude relevant person from children’s hearing.S

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Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F147 Presumption and determination of age.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

Transfer etc. of casesS

F148 Transfer of case to another children’s hearing.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

F649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 49 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 16, 17)

F150 Treatment of child’s case on remission by court.S

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Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

AppealsS

F151 Appeal against decision of children’s hearing or sheriff.S

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Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

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